Question: Can you overturn a default judgment? Answer: Yes, when there is a showing of excusable neglect and a meritorious defense. When a law suit is filed and a defendant fails to timely answered th...
What does an “Act of God” mean in civil cases?
Question: What does an “Act of God” mean in civil cases? Answer: Acts of God may negate liability. An act of God is the manifestation of a superhuman power which breaks the chain of causat...
What exposure is there for carrying out an “inherently dangerous activity”
Question: What exposure is there for carrying out an “inherently dangerous activity”? Answer: Strict liability for damages caused. See below. This doctrine, provides: (1) One who carries o...
Can an insurance company require an insured to go through arbitration?
Question: Can an insurance company require an insured to go through arbitration instead of having their case filed in a trial court and heard by a jury? Answer: Yes, if policy allows for arbitration. ...
If two people are involved in a car accident in the State of Illinois, but both parties live in the State of Indiana which state’s law would govern the car accident?
Question: If two people are involved in a car accident in the State of Illinois, but both parties live in the State of Indiana which state’s law would govern the car accident? Answer: Usually, l...
Who Is The “13th Juror” in a civil case?
Question: Who Is The “13th Juror” in a civil case? Answer: It Is the trial judge who is basically being asked to determine whether in the minds of reasonable jurors a contrary verdict shou...
What do you have to show to get an award of punitive damages against a drunk driver?
Question: What do you have to show to get an award of punitive damages against a drunk driver? Answer: Unlike compensatory damages, which are intended to make the plaintiff whole, punitive damages ...
Are there penalties in a civil case for intentionally destroying evidence to ensure the other side can not get access to that evidence?
Question: Are there penalties in a civil case for intentionally destroying evidence to ensure the other side can not get access to that evidence? Answer: Yes, this type of action is call “spolia...
What is the difference between a “bomb” and a “firework”?
Question: What is the difference between a “bomb” and a “firework”? Answer: Commonly understood, a “bomb” is an explosive device designed to release destructive mat...
CDL Manual to question a negligent truck driver involved in collision?
Question: Why use Indiana’s CDL Manual to question a negligent truck driver involved in collision? Answer: Well, Indiana’s CDL Manual represents the rules that individuals must abide by to...