Opinion
No. 108659.
Decided April 14, 1998.
Leave to Appeal Granted April 14, 1998:
Reported below: 221 Mich. App. 280.
The issues are limited to: (1) Did the Court of Appeals err in reversing the trial court finding that defendant's job with the landscape company was reasonably similar to the job he held with defendant for purposes of mitigation of damages? (2) Did the Court of Appeals err in reversing the trial court's finding that plaintiff reasonably mitigated damages because plaintiff failed to look for higher paying work while he had a full-time job with the landscape company? (3) Did the Court of Appeals err in reversing the trial court's finding that plaintiff was not disabled as of and after his attempt to return to work in September, 1989? (4) Did the Court of Appeals err in reversing the trial court's finding that plaintiff suffered damages meriting an award of "front pay?" (5) Did the Court of Appeals err in finding as fact that the position that defendant offered to plaintiff in 1992, was a genuine position? (6) Did defendant fail to preserve issues relating to whether the trial court erred in its findings of fact when it did not file a post-judgment motion for new trial or judgment notwithstanding the verdict with the trial court?