mitigation of damages doctrine in Louisiana

13 Louisiana opinions name it 1 courts 1970–1995 0 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

Case	Followed	Cited
Unverzagt v. Young Builders, Inc.green la · 1968 · cited in 8 Louisiana opinions naming this issue, 1970–1995 2 sentences 1980NOTES [1] That doctrine, also known as the "doctrine of mitigation of damages" applies in this state and is explained in Unverzagt v. Young Builders, Inc., 252 La. 1091 , 215 So.2d 823 (1968). 1980NOTES [1] That doctrine, also known as the "doctrine of mitigation of damages" applies in this state and is explained in Unverzagt v. Young Builders, Inc., 252 La. 1091 , 215 So.2d 823 (1968).	2	8
Darnell v. Taylorgreen lactapp · 1970 · cited in 2 Louisiana opinions naming this issue, 1980–1981 2 sentences 1981Darnell v. Taylor, 236 So.2d 57 (La.App. 3rd Cir. 1970) discussed mitigation of damages as follows (at 61): “The doctrine of mitigation of damages applies in this state ... 1980See also Darnell v. Taylor, 236 So.2d 57 (La.App. 3rd Cir. 1970), writ ref'd 239 So.2d 346 (La. 1970). [2] The most recent case by the Louisiana Supreme Court in this field is Gele, et al. v. Earl Markey and Hanover Insurance Co., 387 So.2d 1162 (La.1980).	1	2
Dunaway v. Rester Refrigeration Service, Inc.green lactapp · 1983 · cited in 1 Louisiana opinions naming this issue, 1993–1993 2 sentences 1993See Dunaway, supra, 428 So.2d at 1071 . 1993See Dunaway, supra, 428 So.2d at 1071 .	1	1
Continental Insurance v. Duthugreen la · 1970 · cited in 1 Louisiana opinions naming this issue, 1980–1980 1 sentence 1980See also Darnell v. Taylor, 236 So.2d 57 (La.App. 3rd Cir. 1970), writ ref'd 239 So.2d 346 (La. 1970). [2] The most recent case by the Louisiana Supreme Court in this field is Gele, et al. v. Earl Markey and Hanover Insurance Co., 387 So.2d 1162 (La.1980).	1	1
Gele v. Markeygreen la · 1980 · cited in 1 Louisiana opinions naming this issue, 1980–1980 1 sentence 1980See also Darnell v. Taylor, 236 So.2d 57 (La.App. 3rd Cir. 1970), writ ref'd 239 So.2d 346 (La. 1970). [2] The most recent case by the Louisiana Supreme Court in this field is Gele, et al. v. Earl Markey and Hanover Insurance Co., 387 So.2d 1162 (La.1980).	1	1
Dupre v. Tri-Parish Flying Serv., Inc.green lactapp · 1978 · cited in 1 Louisiana opinions naming this issue, 1980–1980 1 sentence 1980See Dupre v. Tri-Parish Flying Serv., Inc., La.App., 355 So.2d 554 (3rd Cir. 1978) and the cases cited therein.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (3)

Case	Cited	Years
Pisciotta v. Allstate Ins. Co. green la · 1980 2 sentences 1984Under either 972 Louisiana doctrine of mitigation of damages [ Pisciotta v. Allstate Insurance Company, 385 So.2d 1176 (La. 1979)] or the common law doctrine of avoidable consequences [ Philippe v. Browning Arms Company, 395 So.2d 310 (La.1980)], an injured person has a duty to take reasonable steps to minimize his loss.... 1983*Under either the Louisiana doctrine of mitigation of damages ( Pisciotta v. Allstate Insurance Company, 385 So.2d 1176 [La.1979]), or the common law doctrine of avoidable consequences ( Philippe v. Browning Arms Company, 395 So.2d 310 [La.1980]), an injured person has a duty to take reasonable steps to minimize his loss.	2	1983–1984
Philippe v. Browning Arms Co. green la · 1981 2 sentences 1984Under either 972 Louisiana doctrine of mitigation of damages [ Pisciotta v. Allstate Insurance Company, 385 So.2d 1176 (La. 1979)] or the common law doctrine of avoidable consequences [ Philippe v. Browning Arms Company, 395 So.2d 310 (La.1980)], an injured person has a duty to take reasonable steps to minimize his loss.... 1983*Under either the Louisiana doctrine of mitigation of damages ( Pisciotta v. Allstate Insurance Company, 385 So.2d 1176 [La.1979]), or the common law doctrine of avoidable consequences ( Philippe v. Browning Arms Company, 395 So.2d 310 [La.1980]), an injured person has a duty to take reasonable steps to minimize his loss.	2	1983–1984
Unbehagen v. Bollinger Workover, Inc. green lactapp · 1982 1 sentence 1983(Compare the facts in Unbehagen v. Bollinger Workover, Inc., 411 So.2d 507 (La.App. 1st Cir.1982) and Philippe v. Browning Arms Company, supra , with the facts in the instant case.) Other factors which may be considered in fixing awards of impairment of earning capacity are age, life expectancy, work life expectancy, investment income factor, productivity increase, prospects for rehabilitation, probable future earning capacity, loss of future earning capacity, loss of earning ability, and the inflation factor.	1	1983–1983

Where else courts name it

TX 35 (1987–2025) IL 23 (1906–2021) CA 23 (1983–2025) IN 15 (1979–2013) LA 13 (1970–1995) WA 10 (1992–2015) CT 7 (1995–2011) MI 6 (1975–2018) TN 6 (2002–2022) NY 5 (1984–2025) VA 4 (1979–2024) AZ 4 (1969–2022) IA 4 (1991–2026) MA 3 (1984–2013) NJ 3 (1989–1996) KY 2 (2006–2021) KS 2 (1981–2007) WI 2 (1985–2009) MO 2 (1996–1998) WY 2 (1986–2024) ME 2 (1978–2010) OH 2 (1994–2004) MT 2 (2007–2022) FL 2 (1987–1989)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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