3962. Duty To Mitigate Damages For Future Lost Earnings

3962. Duty to Mitigate Damages for Future Lost Earnings Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] is not entitled to recover damages for future economic losses that [name of defendant] proves [name of plaintiff] will be able to avoid by returning to gainful employment as soon as it is reasonable for [him/her] to do so. If you decide that [name of plaintiff] will be able to return to work, then you must not award [him/her] any damages for the amount [he/she] will be able to earn from future gainful employment. To calculate the amount of damages you must: 1. 2. Determine the amount [name of plaintiff] would have earned from the job [he/she] held at the time [he/she] was injured; and Subtract the amount [name of plaintiff] is reasonably able to earn from alternate employment. The resulting amount is [name of plaintiff]'s damages for future lost earnings. ________________________________________________________________________________ New September 2003