ILNews

Admittance of psychologist's testimony requires new trial

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals ordered a new trial in a negligence suit due to a car accident after finding the trial court shouldn’t have allowed a psychologist to testify the plaintiff got a brain injury as a result of the accident.

In Henry C. Bennett, et al. v. John E. Richmond, et al., No. 20A03-0906-CV-285, Henry Bennett and his employer Schupan & Sons appealed the denial of their motion to correct error after a jury awarded John and Jennifer Richmond $200,000 in damages for John’s suit that Bennett’s negligence was the proximate cause of his injuries.

While acting within the scope of his employment, Bennett rear-ended John, which caused John’s neck and back injuries. He underwent treatment and then got a back injury while at work seven months later, which exacerbated the injuries he sustained in the car accident.

John underwent a neuropsychological evaluation with Dr. Sheridan McCabe, a psychologist, who testified John sustained a brain injury from the car accident. McCabe reviewed John’s medical records, his deposition in the instant litigation, interviewed John and his wife, and administered neuropsychological tests.

Bennett wanted to exclude McCabe’s testimony on the basis that he isn’t competent to testify regarding a medical diagnosis. The trial court allowed his testimony and also denied Bennett’s motion to correct error after the jury verdict in John’s favor.

The Court of Appeals reversed because McCabe isn’t a medical doctor, and the evaluation of a brain injury, while within the doctor’s field of expertise, is distinct from the determination of a medical cause of the injury. McCabe only testified that in his professional continuing education courses, he has touched on subjects relating to the evaluation of traumatic brain injuries and that he received referrals from two neurologists, wrote Judge Edward Najam.

No medical doctor or other qualified practitioner ever diagnosed John with a brain injury. The trial court abused its discretion in allowing McCabe to testify that John got the brain injury from the accident.

“The trial court should have exercised its discretion as gatekeeper prior to trial to exclude Dr. McCabe’s proffered causation testimony based upon his lack of qualifications to give such testimony,” Judge Najam wrote.

The admission of the testimony was not a harmless error. The evidence regarding the Richmonds’ damages other than the alleged brain injury isn’t sufficient to support the jury verdict.

The judges remanded for a new trial in which McCabe’s testimony is inadmissible absent testimony by a qualified expert that John suffered a brain injury in the car accident.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

ADVERTISEMENT