Question: What Is The Doctrine Of The Fruit Of The Poisonous Tree? Answer: It Bars Evidence Discovered During Unlawful Search & Seizure. The “fruit of the poisonous tree” doctrine is one facet...
Does worker’s compensation cover injuris that occur while going to your car?
Question: Does worker’s compensation cover injuris that occur while going to your car? Answer: Maybe. Workers Compensation provides for compensation of injury or death by accident arising in the cou...
Do defendants have a 5th Amendment right not to testify in a civil case?
Question: Do defendants have a 5th Amendment right not to testify in a civil case? Answer: Yes, but that failure to testify can be used against them and considered by the jury. It is a bedrock princip...
Is there liability for the owner of a cow if the cow leaves the owner’s property, goes onto a roadway and causes a collision with a car?
Question: Is there liability for the owner of a cow if the cow leaves the owner’s property, goes onto a roadway and causes a collision with a car? Answer: Yes, if the cow owner was negligent. See be...
How do you prove the contents of a prescription drug at trial without getting a “hearsay” objection?
Question: How do you prove the contents of a prescription drug at trial without getting a “hearsay” objection? Answer: Indiana courts allow the submission of the label as a “hearsay” exception...
How do you sue the federal government for personal injuries?
Question: How do you sue the federal government for personal injuries? Answer: You need to file a Federal Tort Claim. See below Under the Federal Tort Claims Act, a person asserting a personal injury ...
Can an expert and/or lay witness testify that another witness is or is not telling the truth during the course of a trial?
Question: Can an expert and/or lay witness testify that another witness is or is not telling the truth during the course of a trial? Answer: No, see below. As a general rule, a party may not present a...
What does it mean to “poll” a jury?
Question: What does it mean to “poll” a jury? Answer: After a verdict is returned, either party may request the judge ask each juror to confirm their verdict. Pursuant to Indiana law, after the ju...
In an exposure case, can an expert base their opinion on a mere temporal coincidence of the exposure and the plaintiff’s illness
Question: In an exposure case, can an expert base their opinion on a mere temporal coincidence of the exposure and the plaintiff’s illness? Answer: No, see below. When faced with a proffer of expert...
If there is not a sidewalk, what side of the road does a pedestrian need to use?
Question: If there is not a sidewalk, what side of the road does a pedestrian need to use? Answer: The left side. If there is neither a sidewalk, nor a shoulder available, a pedestrian walking along a...