Question: Can Hospitals Have Liability For The Acts Of Independent Contractor Physicians That They Employ? Answer: Yes. In the area of hospital liability, there has been an ongoing movement by courts ...
What is the “Bystander Rule”?
Question: What is the “Bystander Rule”? Answer: Standard for negligent infliction of emotional distress. To recover for negligent infliction of emotional distress, a plaintiff must sustain a direc...
Are plaintiffs required to mitigated their damages?
Question: Are plaintiffs required to mitigated their damages? Answer: Yes. Mitigation of damages addresses conduct by an injured party that aggravates or increases that party’s injuries. Indiana...
Are the police allowed a warrant-less entry of a hotel room of an unregistered guest?
Question: Are the police allowed a warrant-less entry of a hotel room of an unregistered guest? Answer: Yes. It is well established that a defendant must have a legitimate expectation of privacy in th...
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...
Can a property owner testify as to the value of their property?
Question: Can a property owner testify as to the value of their property? Answer: Yes, the owner of property can be shown to be competent to testify as to its value. See below. In order for any witnes...
Can you ask leading question at trial in the State of Indiana?
Question: Can you ask leading question at trial in the State of Indiana? Answer: Yes, but there is discretion by the trial court, see below. It is in the sound discretion of the trial court permit the...
What is “Notice Pleading”?
Question: What is “Notice Pleading”? Answer: When you file your complaint against defendant, plaintiff merely has to give enough facts in the complaint that would put a reasonable person on notice...
Can an attorney do a demonstration and/or experiment in court in front of the jury?
Question: Can an attorney do a demonstration and/or experiment in court in front of the jury? Answer: Yes, if the demonstration and/or experiment aids, but does not confuse, the jury. Experiments and ...