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...
Does the “Comparative Fault Act” apply to the governmental defendants?
Question: Does the “Comparative Fault Act” apply to the governmental defendants? Answer: No. See below Prior to 1985, Indiana common law recognized a defense of “contributory neglige...
Does Indiana Recognize Wrongful Prolongation of Life?
Question: Does Indiana Recognize Wrongful Prolongation of Life? Answer: Because the Health Care Consent Act which provides the necessary protections to patients and their families, Indiana does not. S...
Do certain expert witnesses receive over $1,000.00 an hour for their time spent preparing for testimony and testifying in a case?
Question: Do certain expert witnesses receive over $1,000.00 an hour for their time spent preparing for testimony and testifying in a case? Answer: Yes, but it depends on the expert. See below. Judges...
What is the evidentiary standard for showing “wanton misconduct”?
Question: What is the evidentiary standard for showing “wanton misconduct”? Answer: Evidence that the person was conscious of their conduct with the knowledge of existing conditions that injury wo...
If an attorney allows for the violation of a motion in limine, can that attorney be subjected to monetary sanctions by the trial court?
Question: If an attorney allows for the violation of a motion in limine, can that attorney be subjected to monetary sanctions by the trial court? Answer: Yes, Indiana trial courts possess the inherent...
What is the standard for showing dependency by an adult child or next of kin in a wrongful death case in the State of Indiana?
Question: What is the standard for showing dependency by an adult child or next of kin in a wrongful death case in the State of Indiana? Answer: To prove dependency, it must be shown that a need or ne...
Can trial attorneys ask prospective jurors hypothetical questions?
Question: Can trial attorneys ask prospective jurors hypothetical questions? Answer: Yes, see below. A trial judge has discretion to permit voir dire questions formulated to evoke jurors’ attitu...
What is the “Good Samaritan Law”?
Question: What is the “Good Samaritan Law”? Answer: It provides certain protections for rendering aid in emergency situations. These statutes encourage physicians, and sometimes others, including ...