Facts: A city firefighter was terminated and challenged the termination procedure. The trial court granted him partial summary judgment regarding wrongful termination, but with respect to damages, found that the petitioner failed to exercise reasonable diligence in securing employment. The firefighter appealed.
Appellate Decision: The intermediate court reversed, citing proof from the firefighter’s expert that he “exercised reasonable diligence in mitigating his damages by returning to a prior field of work with a similar wage and pursuing additional training to further the success of his business.”
Review Granted: June 19, 2019.
Prediction: Ben thinks the Supreme Court affirm the dismissal for the reasons provided by the intermediate court.