Indiana Court of Appeals: $1.3M Verdict Not Excessive for Rear-End Collision & Not Reversible Error to Exclude Evidence of Prior Discipline of Medical Expert

Indiana Court of Appeals: $1.3M Verdict Not Excessive for Rear-End Collision & Not Reversible Error to Exclude Evidence of Prior Discipline of Medical Expert

This week we look at Tunstall v. Manning, in which the Indiana Court of Appeals affirmed a $1.3M verdict for a woman who suffered spinal injuries in a rear-end collision and further ruled that it was not reversible error, if error at all, to exclude evidence of the plaintiff’s medical expert’s prior professional discipline because he was no longer subject to discipline at the time of trial.

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Indiana Supreme Court: Evidence of Prior Alcohol Convictions Are Admissible to Support Punitive Damages Claim

Indiana Supreme Court: Evidence of Prior Alcohol Convictions Are Admissible to Support Punitive Damages Claim

This week we look at the final decision from long-serving Indiana Supreme Court Justice Robert Rucker, which held that evidence of prior alcohol convictions are admissible in a drunk driving case to support a claim of punitive damages. We also look briefly at two other decisions this week from the Court of Appeals of Indiana. One of those decisions held that an expert in a medical malpractice case who testifies on the applicable standard of care may be cross-examined on his personal practices. The other examined the scope of the duty to warn and affirmed a jury verdict for a passenger injured when the vehicle she was in struck a semi on the side of the road, despite the driver of the car dying and being unable to testify whether he would have taken different actions had the truck driver turned on his emergency flashers.

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Indiana Supreme Court Answers Questions of Admissibility of Immigration Status in Tort Cases

Indiana Supreme Court Answers Questions of Admissibility of Immigration Status in Tort Cases

This week we look to a recent Indiana Supreme Court decision, which held that unauthorized-immigration status does not prohibit recovery of damages for diminished earning capacity in tort cases. The court also created a test that requires a finding that the probability that the plaintiff will be deported to be more likely than not in order for evidence of immigration status to be admitted.

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7th Circuit Holds Expert Testimony Based on Aspirational Industry Guidelines Admissible

7th Circuit Holds Expert Testimony Based on Aspirational Industry Guidelines Admissible

This week we discuss the recent 7th Circuit decision in Lees v. Carthage College that found an expert's testimony based in large part upon aspirational industry guidelines that are not the "community standards."

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