Zimmerman v. Ausland

The plaintiff was injured in a car accident caused by the defendant, suffering torn knee cartilage that left her unable to work as a substitute physical education teacher. The defendant offered expert testimony that surgically removing the torn cartilage would produce a complete recovery. The jury nonetheless awarded the plaintiff $7,500, including damages for permanent injuries. The defendant appealed, arguing the court should not have let the jury consider whether the injury was permanent.

Whether a plaintiff may recover damages for a permanent injury where the permanency could be avoided by medical treatment that a reasonable person in the same circumstances would have undertaken.