Dose of chlorine gas alone not enough to support diagnosis of respiratory illness
A man who failed to produce an expert witness to link his respiratory ailment to a mishap at an amusement park will not be able to continue with his negligence claim.
expert witness
Articles
COA looks to Illinois for guidance on admission of naprapath’s testimony
In a case of first impression, the Indiana Court of Appeals found that a naprapath licensed in Illinois could testify about a woman’s injuries following a slip and fall.
COA affirms denial of plaintiff’s request for deposition fee reimbursement
A doctor named as a defendant in a malpractice lawsuit was not required to pay more than $2,000 toward the deposition fees of the plaintiff’s expert, the Indiana Court of Appeals ruled.
Pro se medical malpractice claim fails without expert testimony
The Indiana Court of Appeals chastised a pro se litigant for supporting his medical malpractice claim with only a “perfunctory and self-serving” affidavit instead of submitting expert testimony.
New trial ordered after expert testimony improperly excluded
A couple who brought a products liability claim against a ladder manufacturer and the store that sold the ladder are entitled to a new trial after the 7th Circuit Court of Appeals found the magistrate judge should not have struck their expert witness’s testimony. The couple lost their case as a result of the judge’s decision.
Judge urges high court to look at counsel assistance during state psychiatric exam
A judge on the Indiana Court of Appeals affirmed citing court precedent that a defendant who was to be examined by the state’s expert based on his insanity defense has no right to the presence of counsel during the psychiatric exam. But Judge Terry Crone argues the Indiana Supreme Court needs to take another look at this issue.
Defendant argues jury erred by disregarding experts
A Steuben County man convicted of attempted murder by a jury of his peers is asking the Indiana Supreme Court to take the rare step of reversing the verdict on the grounds the jury ignored evidence that he was delusional on the day he committed the crime.
COA split over whether convicted murderer needs new trial
The Indiana Court of Appeals upheld a murder conviction Wednesday after the defendant argued his right to confront witnesses against him was violated. But one judge on the panel agreed with Michael Torres and wrote in his dissent that Torres should have a new trial.
Court rules gynecologist can’t testify on mental competency
A bank is able to foreclose on a mortgage against the estate of a deceased 95-year-old woman who opened the line of credit to pay her granddaughter to take care of her. But the elderly woman’s daughter argued the granddaughter unduly influenced Mildred Borgwald to open the account.
Man’s guilty but mentally ill conviction upheld
The Indiana Court of Appeals declined to reweigh the evidence that led to a man being found guilty but mentally ill of murder and battery. Jamal Ahmad Gore argued he should have been found not guilty by reason of insanity.
District Court properly handles expert testimony by non-expert witnesses
Although neither witness called to testify in a criminal trial was an expert, the 7th Circuit Court of Appeals ruled the District Court did not err by barring the testimony of the defense witness while allowing the statements of the government witness.
Family did have notice that expert pulmonologist was going to testify as pathologist
In reviewing a dispute over testimony given by expert witnesses, the Indiana Court of Appeals sees no reason to hold a new trial.
Justices: Excluding expert witness was error by trial court
Four Indiana justices Friday held that a Montgomery Superior judge erred when he struck the plaintiff’s expert witness in a medical malpractice lawsuit and dismissed the suit under Indiana Trial Rules 37(B) and 41(E).
COA: Social worker able to testify as expert witness
A social worker who testified about a parenting assessment at a termination of parental rights hearing was properly allowed to testify as an expert witness, the Indiana Court of Appeals ruled, because the Indiana Rules of Evidence control. The judges affirmed the termination of a mother’s parental rights to her two young sons.
COA affirms $550,000 med mal verdict; denies appellate attorney fees
A Lake Superior judge did not err when he allowed a witness to testify on behalf of the party bringing a medical malpractice complaint against a doctor nor in excluding the testimony of the doctor’s expert witness due to untimely disclosure, the Indiana Court of Appeals held Tuesday.
Appeals court affirms order for expert witness to indemnify past employer
An expert for a plaintiff in a medical malpractice case who was ordered to execute a release indemnifying a former employer must do so, the Indiana Court of Appeals ruled Tuesday.
Court addresses use of epidemiological evidence in med mal cases
The Indiana Court of Appeals held that the trial court ruled correctly when it did not allow certain epidemiological evidence by a plaintiff’s expert witness in a medical malpractice lawsuit, but the court stopped short of saying this type of evidence could never be admitted in a medical malpractice case.
$2.9M verdict in mill accident case upheld
The 7th Circuit Court of Appeals has affirmed the admittance of an expert’s opinion as to causation of an accident at a northern Indiana steel rolling mill, finding the federal court properly denied a company’s Daubert motion to bar that testimony.
Judges disagree over impact of mental illness label at sentencing
7th Circuit Court of Appeals Judge Diane Wood believed that Michael Dean Overstreet, who was convicted of killing Franklin College student Kelly Eckart in 1997, was prejudiced by his attorneys’ decisions at sentencing regarding which experts should testify about his mental illness.