There was no evidence that the couple did activities that aggravated their conditions, stopped treatment despite medical advice, failed to obtain treatment, or otherwise failed to exercise ordinary ca

Ga. Farm Bureau Mut. Ins. Co. v. Turpin, 294 Ga. App. 63, 668 S.E.2d 518 (2008). Jury question. — When a bank customer proved that wrongful dishonor of a check created a default the customer could not cure, the customer’s subsequent failures, primarily of omission, and other happenings would lessen the damages, but would not remove the bank’s wrongful dishonor as a matter of law; that remains to be determined as a question of fact and is an issue for the jury. Malak v. First Nat’l Bank, 195 Ga. App. 105, 393 S.E.2d 267 (1990). Mitigation evidence relevant. — In a property owner’s action for trespass and nuisance, the trial court did not err in denying the owner’s motion in limine to exclude evidence suggesting that the owner should have built or re-built drains on the property because, at a minimum, the evidence the owner sought to exclude was relevant to the owner’s claim of negligence in several ways, and any possible error admitting evidence of mitigation or decisions regarding the drains vis-a-vis the owner’s claims of nuisance and trespass was self-induced. Bailey v. Annistown Rd. Baptist Church, Inc., 301 Ga. App. 677, 689 S.E.2d 62 (2009), cert. denied, No. S10C0669, 2010 Ga. LEXIS 468 (Ga. 2010). Cited in Smith v. Hightower, 80 Ga. App. 293, 55 S.E.2d 872 (1949); Gleason v. Rhodes Ctr. Pharmacy, Inc., 94 Ga. App. 439, 95 S.E.2d 293 (1956); Glassman v. Phoenix Ins. Co., 117 Ga. App. 171, 160 S.E.2d 264 (1968); Jernigan v. Carmichael, 145 Ga. App. 560, 244 S.E.2d 92 (1978); Community Fed. Sav. & Loan Ass’n v. Foster Developers, Inc., 179 Ga. App. 861, 348 S.E.2d 326 (1986); Johnstone v. Malone Office Equip. Co., 192 Ga. App. 137, 384 S.E.2d 208 (1989); Walker v. Hurd, 195 Ga. App. 855, 394 S.E.2d 925 (1990).