Question: Can you ask leading question at trial in the State of Indiana? Answer: Yes, but there is discretion by the trial court, see below. It is in the sound discretion of the trial court permit the...
Can you sue for injuries sustained on the golf course from an errant drive of another golfer?
Question: Can you sue for injuries sustained on the golf course from an errant drive of another golfer? Answer: Normally, you may not. Breach of duty usually involves an evaluation of reasonableness t...
When does a trial judge commit error in denying a for-cause challenge to a juror?
Question: When does a trial judge commit error in denying a for-cause challenge to a juror? Answer: If the denial for-cause was illogical or arbitrary. A trial court has discretion to grant or deny ju...
How do courts determine if a police shooting of a suspect violated the suspect’s civil rights?
Question: How do courts determine if a police shooting of a suspect violated the suspect’s civil rights? Answer: Police shootings are judged from the totality of the circumstances. The test to see i...
How does the 14th amendment protect pretrial detainees?
Question: How does the 14th amendment protect pretrial detainees? Answer: Jail officials must not act with deliberate indifference to the needs of the prisoners. The 8th Amendment, applicable to the s...
What is “qualified immunity” as it relates to civil rights complaints against police officers?
Question: What is “qualified immunity” as it relates to civil rights complaints against police officers? Answer: Qualified immunity is immunity from suit rather than a mere defense to liability. T...
Does a person who has an injury case, but dies from unrelated causes before the case is resolved, lose that case?
Question: Does a person who has an injury case, but dies from unrelated causes before the case is resolved, lose that case? Answer: No. See below. The Indiana Survival Statute creates a limited spectr...
If you suffer a known complication from a medical procedure, does that mean the doctor committed medical malpractice?
Question: If you suffer a known complication from a medical procedure, does that mean the doctor committed medical malpractice? Answer: A bad result without proof of negligence is not malpractice. See...
Can a healthcare provider have liability for a Health Insurance Portability and Accountability Act (HIPAA) violation by its employee, when employee’s actions were done in violation of company’s rules of confidentiality?
Question: Can a healthcare provider have liability for a Health Insurance Portability and Accountability Act (HIPAA) violation by its employee, when employee’s actions were done in violation of comp...
What is a “recorded recollection” and how does it relate to the hearsay rule?
Question: What is a “recorded recollection” and how does it relate to the hearsay rule? Answer: This rule allows a witness to refresh their recollection from a writing and potentially put that wri...