DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)

Citation
Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Parent Document
Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Jurisdiction
Massachusetts (state)
Effective Date
2006-05-22
Original Source
https://www.courtlistener.com/opinion/8356288/berish-v-bornstein/ ↗

Other Sections in This Document (121)

Full Text

408 chars 
This Court finds that the defendants have not proved the Trustees’ failure to mitigate damages. A plaintiff is not entitled to recover for damages that were avoidable by the use of reasonable precautions on his part. Burnham v. Mark IV Homes, Inc., 387 Mass. 575, 586 (1982). However, the defendant bears the burden of proof on mitigation. McKenna v. Commissioner of Mental Health, 347 Mass. 674, 677 (1964).