Question: What is the “Parol Evidence Rule” and how does it relate to contracts? Answer: The parol evidence rule bars the admission of any evidence of oral representations that contradicts...
Are crash reports prepared by police officers admissible at trial?
Question: Are Indiana crash reports prepared by police officers admissible at trial? Answer: These crash reports contain witness statements that are which are hearsay and therefore must have an except...
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 ...
Employer Liability for Bad Acts of Employee.
Here Is An Example Of Respondeat Superior In Reference To A Civil Law Suit And The Cost To The Employer Of Having To Pay 80% Of A $1,800,000.00 Judgment!! In this case, a pharmacist breached one of he...
What Is A “Skilled Witness”?
Question: What Is A “Skilled Witness”? Answer: A Witness With The Degree Of Knowledge Short Of That Sufficient To Be Declared An Expert, But Somewhat Beyond That Possessed By The Ordinary Jurors...
Be Careful Contractors When Signing Contracts.
Be Careful Contractors When Signing Contracts, Since You Can Assume Duties Relating To Work Of Subcontractors!!!!! In 2007, a School contracted with Kloeppel to perform work and services and to supply...
What Is “Incurred Risk” In A Civil Case?
Question: What Is “Incurred Risk” In A Civil Case? Answer: It Is A Conscious & Deliberate Course Of Conduct With Knowledge of Circumstances. TRANSPO is a public transportation corporation and ...
Does “Puffery” Amount to Actual Deception? Let’s see what the Indiana Supreme Court found?
Does “Puffery” Amount to Actual Deception? Let’s see what the Indiana Supreme Court found: In 2007, Defendant Hubler Nissan, Inc. placed an ad on AutoTrader.com for a 1996 Mitsubishi Eclipse. ...
Are Noncompete Agreements Enforceable In Indiana? Yes, if properly limited, but not in this case!
As an independent contractor, Daniel Buffkin began working as a “sales recruiter” for Glacier Group (“Glacier”) in August 2008. Glacier provides recruiting and placement services in the field ...
What Are Punitive Damages? Who Gets What If Punitive Damages Are Awarded?
Punitive damages, sometimes known as “exemplary damages,” are intended to punish and thereby deter blameworthy conduct. They are an ancient remedy. (Note the Code of Hammurabi authorized a tenfold...