Question: Can a witness give an opinion as to the speed of a vehicle simply based upon the sound the vehicle was making? Answer: Estimates of the speed of a motor vehicle are not matters which are the...
Traumatic Brain Injury from a Rear-end Collision
Question: Who is qualified under Indiana Law to opine as to the cause of a traumatic brain injury from a rear-end collision? Answer: To be qualified under Rule 702 to offer expert testimony as to the ...
What is “Evidentiary Harpoon”
Question: What is a “Evidentiary Harpoon” at trial? Answer: An evidentiary harpoon occurs when a trial attorney places inadmissible evidence before the jury for the deliberate purpose of p...
What is the “Dead Man” statute
Question: What is the “Dead Man” statute? Answer: The Dead Man’s Statute guard against false testimony by a survivor by establishing a rule of mutuality, wherein the lips of the surv...
Are intentional acts like punching someone covered by insurance?
Question: Are intentional acts like punching someone covered by insurance? Answer: Insurance is there to protect an insured against liability for causing injury to another in an accidents. An “accid...
Question: What does it means when the lawyer objects to testimony as “hearsay”?
Question: What does it means when the lawyer objects to testimony as “hearsay”? Answer: Hearsay is evidence of a statement made out of court that is offered in a judicial proceeding to pro...
Does a property owner have a duty to provide a safe place to work for an independent contractor?
Question: Does a property owner have a duty to provide a safe place to work for an independent contractor? Answer: Generally, the owner of property has no duty to furnish the employees of an independe...
Who can bring a wrongful death action against those who caused the death of a child?
Question: Who can bring a wrongful death action against the person or entity who’s wrongful act or omission caused the death of a child? Answer: First, a “child” under this section o...
What is the cap on damages in the State of Indiana
Question: What is the cap on damages in the State of Indiana for medical malpractice causing injury or death to a patient? Answer: The total amount recoverable for an injury or death of a patient may ...
Duties of pedestrian when crossing at a crosswalk
Question: What are the duties of pedestrian when they are crossing at a crosswalk? Answer: The duties of the pedestrian at a crosswalk and the preferred driver at an intersection are quite different. ...