Question: Can an expert and/or lay witness testify that another witness is or is not telling the truth during the course of a trial? Answer: No, see below. As a general rule, a party may not present a...
What does it mean to “poll” a jury?
Question: What does it mean to “poll” a jury? Answer: After a verdict is returned, either party may request the judge ask each juror to confirm their verdict. Pursuant to Indiana law, after the ju...
In an exposure case, can an expert base their opinion on a mere temporal coincidence of the exposure and the plaintiff’s illness
Question: In an exposure case, can an expert base their opinion on a mere temporal coincidence of the exposure and the plaintiff’s illness? Answer: No, see below. When faced with a proffer of expert...
If there is not a sidewalk, what side of the road does a pedestrian need to use?
Question: If there is not a sidewalk, what side of the road does a pedestrian need to use? Answer: The left side. If there is neither a sidewalk, nor a shoulder available, a pedestrian walking along a...
Does the “Comparative Fault Act” apply to the governmental defendants?
Question: Does the “Comparative Fault Act” apply to the governmental defendants? Answer: No. See below Prior to 1985, Indiana common law recognized a defense of “contributory neglige...
Does Indiana Recognize Wrongful Prolongation of Life?
Question: Does Indiana Recognize Wrongful Prolongation of Life? Answer: Because the Health Care Consent Act which provides the necessary protections to patients and their families, Indiana does not. S...
Do certain expert witnesses receive over $1,000.00 an hour for their time spent preparing for testimony and testifying in a case?
Question: Do certain expert witnesses receive over $1,000.00 an hour for their time spent preparing for testimony and testifying in a case? Answer: Yes, but it depends on the expert. See below. Judges...
What is the evidentiary standard for showing “wanton misconduct”?
Question: What is the evidentiary standard for showing “wanton misconduct”? Answer: Evidence that the person was conscious of their conduct with the knowledge of existing conditions that injury wo...
If an attorney allows for the violation of a motion in limine, can that attorney be subjected to monetary sanctions by the trial court?
Question: If an attorney allows for the violation of a motion in limine, can that attorney be subjected to monetary sanctions by the trial court? Answer: Yes, Indiana trial courts possess the inherent...
What is the standard for showing dependency by an adult child or next of kin in a wrongful death case in the State of Indiana?
Question: What is the standard for showing dependency by an adult child or next of kin in a wrongful death case in the State of Indiana? Answer: To prove dependency, it must be shown that a need or ne...