Philip J. Moulton, Petitioners v. Alamo Ambulance Service, Inc., Respondent

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that failure to mitigate damages is not an affirmative defense and must be specially pleaded, that the trial court correctly refused Alamo's amendment, that the jury's finding of Cardenas' negligent acceleration was supported by evidence, and that the trial court erred by not giving an exclusionary instruction to omit damages caused by the plaintiff's failure to mitigate.