Nature of the Case
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Facts
McGinley (P) suffered injury by the United States (D) in an accident. D admitted that it was at fault, but claimed that P failed to mitigate damages by undergoing further surgery and training for a new job. P had received reasonable medical treatment but had continually refused to undergo another surgery. He had already had surgery twice, and the third surgery would not necessarily help him.
Holding and Decision
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Legal Analysis
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