[Note: Today I'm going to discuss an IPI 15.01 problem. In future columns, I'm going to write about other instructions and how to work with them. I have become a big proselytizer on the importance of jury instructions and I love presenting on them.]
It happened again, just the other day.
In a recent arbitration, plaintiff's treating physician connected the injury to the accident. Defense retained a well-qualified specialist to give another opinion. The defense doctor thoroughly read all of the records and wrote a lengthy report. He extensively detailed the past medical history. He carefully charted a complete chronology. He showed persuasively that the plaintiff had had many of the same issues even before the accident. He billed a small fortune for his work.