32.07(A) [1996 New]-Affirmative Defenses-Failure to Mitigate Damages-F.E.L.A.

Instruction No 1 32.07(A) [1996 New]--Affirmative Defenses--Failure to Mitigate Damages-- F.E.L.A. If you find in favor of plaintiff, you must find that plaintiff failed to mitigate damages if you believe: First, plaintiff (insert act sufficient to constitute failure to mitigate, such as "failed to return to work"), and Second, plaintiff thereby failed to use ordinary care, and Third, plaintiff thereby sustained damage which would not have occurred otherwise.