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Citations - New Mexico Laws and Court Rules
Rule Set 13 - Uniform Jury Instructions — Civil - cited by 588 documents

Decision Content

13-1811. Mitigation.

            In fixing the amount of money which will reasonably and fairly compensate plaintiff, you are to consider that an injured person must exercise ordinary care to minimize or lessen [his] [her] damages. Damages caused by [his] [her] failure to exercise such care cannot be recovered.

USE NOTES

            This instruction is designed to be used when the evidence creates an issue as to whether plaintiff exercised ordinary care to mitigate damages which were incurred after the injury and not before.

            UJI 13-1603 NMRA. Ordinary care, must be given when this instruction is used.

[As amended, effective November 1, 1991.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.