Question: Can fans injured by foul baseballs at a baseball game sue for their injuries? Answer: No. In our society, foul balls are known by fans to be a potentially dangerous souvenir. The Indiana Cou...
Can you ignore a claim filed against you?
Issue: Can you ignore a claim filed against you? Answer: No. Attorney Mark Schocke represented our client at a damages hearing on March 3, 2021, at which time both Dawson and Keep It Moving appeared b...
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...
$4,000,000.00 Verdict
On August 13, 2021, my associate Mark Schocke and I were successful in obtaining a $4,000,000.00 verdict against the Indiana State Police and State of Indiana. The offer prior to trial was $10,000.00 ...
What is “dram shop” liability?
Question: What is “dram shop” liability? Answer: Liability that arises from serving alcohol to visibly intoxicated people. The Dram Shop Act represents a legislative judgment that providers of alc...
What is “imputed knowledge”?
Question: What is “imputed knowledge”? Answer: Knowledge of agent is imputed to principle. Imputed knowledge is a tenet of agency law, and is based upon an underlying legal fiction of agency—the...
What Is The Doctrine Of The Fruit Of The Poisonous Tree?
Question: What Is The Doctrine Of The Fruit Of The Poisonous Tree? Answer: It Bars Evidence Discovered During Unlawful Search & Seizure. The “fruit of the poisonous tree” doctrine is one facet...
Does worker’s compensation cover injuris that occur while going to your car?
Question: Does worker’s compensation cover injuris that occur while going to your car? Answer: Maybe. Workers Compensation provides for compensation of injury or death by accident arising in the cou...
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...