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Try CasePortal for FreeJ. Milazzo denies summary judgment to a hospital on its argument for a mitigation of damages alleged by a patient nervous system monitoring service. The hospital alleges that the neuromonitoring business knew in early 2019 that a health insurer would not pay for part of its service and that it would need to seek reimbursement from the hospital, yet the litigant took no further action until late 2020 and continued to perform more than 500 surgeries at the facility during that time. The neuromonitoring business provides evidence that it was not aware that the insurer’s refusal to pay for its service was a result of the hospital’s breach of the business’s exclusive deal with the medical center until late 2020. A jury could find that the neuro-monitoring business acted reasonably to mitigate its damages.