# Johnsa v. Edwards

> Supreme Court of Louisiana · June 21, 1991 · 582 So. 2d 1280

URL: https://www.frixlaw.com/law-library/cases/7593249

## Case

- **Full name:** P. Howard JOHNSA and World Construction Co. v. William E. EDWARDS, George Fee, Donald Bernard, Floyd Thacker
- **Court:** Supreme Court of Louisiana
- **Decided:** June 21, 1991
- **Citations:** 582 So. 2d 1280; 1991 La. LEXIS 1878; 1991 WL 110891
- **Precedential status:** Published
- **Opinion:** Concurrence by Calogero
- **Judges:** Assigns, Calogero, Cole, Reasons
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7593249

## Opinion text

CALOGERO, Chief Justice,
concurring.
I concur in the result reached by the majority. I would, however, have addressed the merits of the issue which prompted the court to grant writs in this case: whether “failure to mitigate damages” is an affirmative defense which must be specially pleaded in a defendant’s answer under La.C.C.P. art. 1005. It is the plaintiff’s duty to mitigate those damages which he can avoid through reasonable conduct. Langlois v. Allied Chem. Corp., 249 So.2d 133 (La.1971). It is therefore part of the plaintiff’s burden to prove that he undertook reasonable efforts to mitigate his damages; the defendant is not obligated to raise the failure to mitigate as an affirmative defense.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7593249. Public record. Not legal advice.