Question: What does it mean when we refer to someone as an “egg shell thin” plaintiff?Answer: It means that plaintiff has a pre-existing medical condition which even if it was unknown to t...
Can a lawyer personally vouch for a witness in an argument to the jury?
Question: Can a lawyer personally vouch for a witness in an argument to the jury?Answer: Lawyers may not argue the credibility of witnesses at trial based upon their own personal knowledge or anything...
Can your attorney present evidence of a subsequent repair of a defective condition of something?
Question: Can your attorney present evidence of a subsequent repair of a defective condition of something like fixing crumbling stairs to the jury? Answer: Usually, the attorney may not present subseq...
When you have the burden of proof, are you entitled to do opening and closing statements?
Question: When you have the burden of proof, are you entitled to do opening and closing statements in civil and criminal cases?Answer: Yes. See below. In a criminal case after the jury is impaneled an...
What is the “Last Clear Chance Doctrine”?
Question: What is the “Last Clear Chance Doctrine”?Answer: It is a legal excuse for the plaintiff where the defendant failed to take advantage of the “chance to avoid” the inci...
May a judge find that a pit bull has dangerous or vicious propensities, even if that pit bull has never bitten/attacked a person in the past?
Question: May a judge find that a pit bull has dangerous or vicious propensities, even if that pit bull has never bitten/attacked a person in the past? Answer: Yes. Even if it is true that there was n...
Do you get “sentimental value” for the loss of personal property
Question: Do you get “sentimental value” for the loss of personal property (like your grandfather’s gift of his car to you) due to the negligence of another person?Answer: Usually No...
Can towns/cities interpret their ordinances to say whatever they want them to say?
Question: Can towns/cities interpret their ordinances to say whatever they want them to say? Answer: If the ordinance is clear and unambiguous on its face, the towns/cities must give the ordinances th...
What is the liability of property owners when you have signed a waiver and you get injured while skiing/sledding/tubing?
Question: In the State of Indiana, what is the liability of property owners when you have signed a waiver and you get injured while skiing/sledding/tubing? Answer: Potentially none. Indiana courts per...
Do Indiana drivers have a duty to look to the left and right at intersections to see if oncoming traffic is going to violate the law by not yielding
Question: Do Indiana drivers have a duty to look to the left and right at intersections to see if oncoming traffic is going to violate the law by not yielding the right of way or blowing through a sto...