Willis v. Westerfield

BOEHM, Justice.

We hold that the common law sudden emergency doctrine is not an affirmative defense within the meaning of Indiana Trial Rule 8(C) that requires affirmative defenses to be pleaded in a defendant's answer. We also hold that in cases where the defendant seeks a failure to mitigate damages instruction based on a plaintiff's failure to follow a treating doctor's recommendations, whether expert medical opinion testimony is required is to be determined on a case-by-case basis.

Factual and Procedural Background

On May 8, 1996, Christopher Wester-field rear-ended Ann Willis' van as it was…