Paxson v. Rice, 706 P.2d 123 (1985)

Citation: Paxson v. Rice, 706 P.2d 123 (1985)
Parent Document: Paxson v. Rice, 706 P.2d 123 (1985)
Jurisdiction: Montana (state)
Effective Date: 1985-09-10
Original Source: https://www.courtlistener.com/opinion/878763/paxson-v-rice/ ↗

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Issue 2--Error in refusing evidence at damages hearing?
         Rice contends that the District Court did not allow
evidence which mitigated damages.       He correctly asserts that
evidence that mitigates damages should be allowed.      He cites
Lindsey v. Drs. Keenan, Andrews     &   Allred (1946), 118 Mont.
312, 165 P.2d     804, for the rule that evidence mitigating
damages may be introduced.       In fact, the plaintiff has a
burden of showing a nexus between the default liability and
the damages.     Trans World Airlines, Inc. v. Hughes (2nd ~ i r .
1971) , 449 F. 2d 5 1 ,   70.   Evidence that establishes a defense
may also mitigate damages and that evidence should be admit-
ted as relevant to damages.
       Rice did not establ-ish that evidence mitigating damages
was excluded.     The single incident he pointed to in his brief
may be relevant to liability but its relevance to damages is
not apparent.       Liability was no longer an issue, so the
evidence was excludable.        Henry v. Sneiders (9th ~ i r .1974) , The judgment is affirmed. \

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