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State court of last resort · ST-VA-SC
Monahan v. Obici Medical Management
No. 051592Supreme Court of Virginia
051592 Monahan v. Obici Medical Management 04/21/2006 In a medical malpractice case, the defendant health care provider was not required to affirmatively plead the defense of failure to mitigate damages in ord…
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051592 Monahan v. Obici Medical Management 04/21/2006 In a medical malpractice case, the defendant health care provider was not r…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Apr 21, 2006
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051592 Monahan v. Obici Medical Management 04/21/2006 In a medical malpractice case, the defendant health care provider was not required to affirmatively plead the defense of failure to mitigate damages in order to request a jury instruction on that topic, but the trial court erred in granting a such an instruction where there was no evidentiary basis to support it, and in refusing a request by plaintiff that the jury be directed to disregard certain evidence regarding the plaintiff's actions after leaving the defendant's premises. It is presumed the jury's consideration of damages was affected by the improperly given mitigation instruction. Since no cross-error was assigned to the judgment…
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