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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Does Indiana’s Cap on Punitive Damages Apply to Statutory Treble-Damage Awards? Court Says ‘No’

Does Indiana’s Cap on Punitive Damages Apply to Statutory Treble-Damage Awards? Court Says ‘No’

This week's discussion examines the interplay between Indiana's Punitive Damages Statute that caps and otherwise limits the ability recover common-law punitive damage awards and exemplary damage awards available under certain statutes allowing for, at times, treble damages for successful litigants. The discussion is conducted through the lens of the recent Indiana Supreme Court decision in Andrews v. Mor/Ryde International, Inc.

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Indiana Supreme Court Upholds Punitive Damages Statute

Indiana Supreme Court Upholds Punitive Damages Statute

This week's post explores last week's Indiana Supreme Court decision State v. Doe that upheld the punitive damages statutory cap and allocation of 75% of any award to the state. We also take a look at what this decision signals for future cases before the Indiana Supreme Court.

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