In determining whether scientific evidence is reliable under Indiana Evidence Rule 702(b), the trial court must determine whether such evidence appears sufficiently valid or trustworthy to assist the ...
Jury’s verdict on medical expenses and damage award
The Indiana Appellate Courts apply a strict standard when reviewing a jury verdict containing a damage award claimed to be excessive or inadequate. The verdict will be reversed only when it is apparen...
What is the value of my property damage claim after repairs have been made to my vehicle
The Indiana Court do not hold that diminished value damages are recoverable only when the property is permanently damaged. Instead, the Indiana Courts have held that diminished value damages are recov...
How do juries calculate “Pain & Suffering” damages for plaintiffs?
The role of the jury in awarding compensatory damages is clear. However, juries can actually face problems when calculating and awarding damages, particularly in areas where the damages are not easily...
Can Hospitals Have Liability For The Acts Of Independent Contractor Physicians That They Employ?
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...