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Justices rule on admitting testimony in crash cases

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The Indiana Supreme Court released companion cases Tuesday on the issue of admitting certain expert testimony under Indiana Rule of Evidence 702 in two separate car accident cases.

Justice Frank Sullivan authored the opinions in Henry C. Bennett and Schupan & Sons, Inc. v. John Richmond and Jennifer Richmond, No. 20S03-1105-CV-293; and Reginald N. Person, Jr. v. Carol A. Shipley, No. 20S03-1110-CT-609, in which the justices found neither trial court abused its discretion in admitting the testimony in question.

In Bennett, John and Jennifer Richmond sued Henry Bennett and his employer after Bennett rear-ended John Richmond’s van with his company roll-off container truck. At issue in the case is whether the testimony of psychologist Dr. Sheridan McCabe – who determined that John Richmond had experienced a traumatic brain injury in the accident – should be admitted. The trial court allowed it; but the Indiana Court of Appeals reversed.

Sullivan noted the split in other jurisdictions as to whether psychologists may testify as to the cause of a brain injury. The justices looked at McCabe’s qualifications and testimony and found the testimony was allowed under Rule 702.  Sullivan pointed out that other courts have not required specific qualifications in determining the etiology of brain injuries before allowing psychologists or neuropsychologists to testify in this regard.

“Our review of the record, read in conjunction with the requirements of Rule 702, leads us to conclude that the trial court did not abuse its discretion in admitting Dr. McCabe’s causation testimony. The trial court extensively and thoughtfully considered the admissibility of Dr. McCabe’s testimony on three separate occasions during this litigation. Mindful that the trial court is afforded broad discretion in these matters, we decline to find any abuse of it,” he wrote in Bennett.

A similar issue arose in Person, except the expert testimony at issue was that of Dr. Charles Turner, who has a background in engineering and biomechanics. Turner testified on behalf of Carol Shipley – whose vehicle rear-ended Reginald Person’s tractor-trailer when she fell asleep at the wheel – that Person’s lower-back injuries were unlikely caused by the accident based on the speed or velocity of the accident.

Person objected to the admittance of Turner’s testimony, but the trial court allowed it and the jury returned a defense verdict in favor of Shipley. Again looking at Rule 702 and the qualifications and testimony of Turner, the justices found the trial court didn’t abuse its discretion in admitting Turner’s testimony.

“Although we find it unnecessary in this case to expound upon Dr. Turner’s qualifications to offer an opinion on medical causation, we note here as we noted in Bennett that neither the criteria for qualifying under Rule 702 (knowledge, skill, experience, training, or education) nor the purpose for which expert testimony is admitted (to assist the trier of fact) seems to support disallowing an otherwise qualified expert to offer an opinion regarding medical causation simply because he or she lacks a medical degree,” wrote Sullivan in Person.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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