Negligence; mitigation. In an action by an employee against an employer, or by a

passenger against a common carrier to recover for negligence, plaintiff need not plead or prove freedom from contributory negligence, but defendant may plead and prove contributory negligence in mitigation of damages. [Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]