ILNews

7th Circuit affirms defense verdict in motorcycle crash

Back to TopCommentsE-mailPrintBookmark and Share

A woman who lost her legs after an Indianapolis motorcycle crash isn’t entitled to a new trial even though hearsay evidence was improperly admitted, including her statements that the crash was her fault.

The 7th Circuit Court of Appeals on Thursday affirmed a verdict for the defense reached in the U.S. District Court for the Southern District of Indiana. The case is Betty M. Jordan and Theodore R. Jordan v. Kelly D. Binns and U.S. XPress, Inc., 11-2134, and oral arguments were conducted Oct. 12 at Indiana University Maurer School of Law.

Betty Jordan was permanently injured on Aug. 22, 2008, when she was driving a motorcycle eastbound and made contact with a truck driven by Kelly Binns, who said he heard a “banging noise” on his truck and saw the motorcycle sliding on the ground in the passenger rearview mirror.

Binns stopped and ran to help Jordan, and Binns testified that she repeatedly told him, “Tell the trucker it’s not his fault. It’s my fault.” Binns relayed those statements to an Indiana state trooper and claims managers at the company he drove for, U.S. XPress.

A trooper testified that Jordan’s husband, Ted, initially affirmed that Betty told him the accident was her fault, but he later denied making such statements.

The Jordans challenged six pieces of evidence admitted as hearsay, and the 7th Circuit agreed that some were. Nevertheless, the errors weren’t significant enough to warrant a new trial, the judges wrote in a 33-page ruling.

“Not only was the improperly admitted evidence cumulative, but the other evidence presented at trial strongly favored the defendants’ position,” Judge Johh Daniel Tinder wrote for the panel.

“Even though the central issue at trial was fault, the cumulative nature of the improperly admitted evidence coupled with this additional evidence leads us to conclude that the improper evidence did not have a substantial effect on the jury’s verdict,” Tinder wrote.

 

ADVERTISEMENT

  • Rules
    It seems that the ICOA applies rules differently to different cases or make up rules case by case! A broken gun is not a gun for any purpose, no more than a gas pipe is a gas pipe if it is connected to a water well pump!

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT