4511.19 Operating vehicle under the influence of alcohol or drugs - OVI. (A) (1) No person shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation, any of the following apply: (a) The person is under the influence of alcohol, a drug of abuse, or a combination of them. (b) The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood.
Thus, as the law has defined the duty to mitigate, the duty is to oneâs self, to maintain oneâs income and position in industry. The fact that there is an economic benefit to the dismissing employer is thus collateral damage.
Mitigation of Damages. The use of reasonable care and diligence in an effort to minimize or avoid injury. Under the mitigation of damages doctrine, a person who has suffered an injury or loss should take reasonable action, where possible, to avoid additional injury or loss. The failure of a plaintiff to take protective steps after suffering an injury or loss can reduce the amount of the plaintiff's recovery.