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Torts Keyed to Twerski
Novko v. State of New York
Facts
A farmer named Paul Novko (Novko) suffered spinal injuries when a police car struck him. Novko adjusted his work on the farm to reduce his back pain and Novko sued the State of New York for past and future pain and suffering and loss of earning capacity. Although the trial court found the state of New York liable, the trial court did not award Novko for the loss of earning capacity because he failed to mitigate his damages by taking another job that was less stressful on his spine. The trial court also limited Novko’s pain and suffering to one year because any pain and suffering a year after the incident is due to Novko’s failure to find another job that could accommodate his spinal injuries. Novko appealed.
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