Georgia v. Turpin

2 Citing cases

  1. N. Fulton Cmty. Charities v. Goodstein

    367 Ga. App. 576 (Ga. Ct. App. 2023)   Cited 1 times

    Georgia's mitigation of damages rule is set forth in OCGA ยง 51-12-11, which provides that "[w]hen a person is injured by the negligence of another, he must mitigate his damages as far as is practicable by the use of ordinary care and diligence." Citing to Georgia Farm Bureau Mut. Ins. Co. v. Turpin , 294 Ga. App. 63, 668 S.E.2d 518 (2008), NFCC argues that when a plaintiff fails to obtain available treatment for his or her injuries, or otherwise fails to exercise ordinary care and diligence, this can constitute evidence that a plaintiff failed to mitigate his damages. Id. at 66 (2), 668 S.E.2d 518.

  2. Nat'l Sur. Corp. v. Ga. Power Co.

    CIVIL ACTION NO. 2:17-CV-68-RWS (N.D. Ga. Sep. 12, 2019)   Cited 2 times

    That said, "[t]he burden is upon the party asserting that the opposite party could have lessened his damages, and such proof must include sufficient data to allow the jury to reasonably estimate how much the damages could have been mitigated." Georgia Farm Bureau Mut. Ins. Co. v. Turpin, 668 S.E.2d 518, 521 (Ga. Ct. App. 2008) (internal citation omitted). Defendant has not met that burden.