Aggressive expert discovery and enforcement of pretrial disclosure rules helps secure the win in Marion County.

The 39-year-old plaintiff alleged a permanent knee injury after a significant T-bone collision in which liability was admitted in February 2023. Although she reported knee pain at the scene and later claimed ongoing limitations, her treatment between 2023 and 2025 was sporadic and she did not follow through with recommended physical therapy, injections, or surgery.

Before trial, the defense successfully moved to limit the plaintiff’s late-disclosed experts, resulting in the plaintiff proceeding without a radiologist and restricting key testimony regarding MRI findings from Plaintiff’s orthopedist.

At trial, the plaintiff sought $795,769 in damages, including claims of permanent injury and $202,671 claimed by plaintiff’s life care planner for future care. The defense presented expert testimony that the knee findings were degenerative and called the plaintiff’s supervisor, who testified that her job change was due to a promotion, not physical limitations.
The defense suggested damages of $32,562, representing only the medical bills directly related to the day of the collision and limited follow-up care. After 35 minutes of deliberation, the jury returned a verdict of $32,562 which was significantly less than Plaintiff’s last demand.

Our Rissman Victories Series showcases some of the most relevant and timely examples of our expertise and highly practiced approach. We consider the interests of our clients as paramount, and take pride in delivering consistent and meaningful results time and again.