Patrick Humphrey v. US Xpress, Inc, et al.

── Patrick Humphrey v. US Xpress, Inc, et al. ── Case No.: 20S-CT-00548 Court: Indiana Supreme Court Date: September 08, 2020 Author: Justice Geoffrey Slaughter County of Origin: Jackson Category: Civil Decision: Affirmed The amount of evidence necessary for a court to instruct a jury on a mitigation-of-damages defense is minimal, requiring only a “scintilla”. This stands in contrast to the preponderance-of-the-evidence standard required to prevail on the defense. Here, there was enough evidence to support giving the challenged instruction. We grant transfer and affirm the trial court. I In early February 2016, plaintiff, Patrick Humphrey, was driving from Georgia to Iowa to start a new job.