S-14-0915, Tedd Bish Farm, Inc. (Appellant) v. Southwest Fencing Services, L.L.C.
Hamilton County, Judge Rachel A. Daugherty
Attorneys: Scott Pauley (Conway, Pauley & Johnson) (Appellant) ' Matthew Reilly (Erickson, Sederstrom)
Civil: Negligence Action
Proceedings Below: The district court affirmed the county court's order of partial summary judgment on the issue of mitigation of damages for the alleged crop damage (after a final judgment on general damages).
Issues: 1. The district court erred as a matter of law by affirming the trial court's order granting summary judgment for the Appellee on the issue of mitigation of damages and not remanding it for determination by fact finder. 2. The district court erred in not remanding case to the trial court to determine loss of use damages.