Johnsa v. Edwards
Also decided on this docket: La., March 1, 1991 576 So. 2d 20
Johnsa v. Edwards, 582 So. 2d 1280 (La. 1991).
Cited by
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Authorities cited
Identified automatically; this list may not be exhaustive.
- Langlois v. Allied Chemical Corporation 249 So. 2d 133
Opinion text
CALOGERO, Chief Justice, concurring. I concur in the result reached by the majority. I would, however, have addressed the merits of the issue which prompted the court to grant writs in this case: whether “failure to mitigate damages” is an affirmative defense which must be specially pleaded in a defendant’s answer under La.C.C.P. art. 1005. It is the plaintiff’s duty to mitigate those damages which he can avoid through reasonable conduct. Langlois v. Allied Chem. Corp., 249 So.2d 133 (La.1971). It is therefore part of the plaintiff’s burden to prove that he undertook reasonable efforts to mitigate his damages; the defendant is not obligated to raise the failure to mitigate as an affirmative defense.