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 ...
Can a 911 call get around the Hearsay Rule?
Question: Can a 911 call get around the Hearsay Rule? Answer: Yes, when it is an excited utterance. Hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is inadmi...
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...
How do you prove the contents of a prescription drug at trial without getting a “hearsay” objection?
Question: How do you prove the contents of a prescription drug at trial without getting a “hearsay” objection? Answer: Indiana courts allow the submission of the label as a “hearsay” exception...
How do you sue the federal government for personal injuries?
Question: How do you sue the federal government for personal injuries? Answer: You need to file a Federal Tort Claim. See below Under the Federal Tort Claims Act, a person asserting a personal injury ...