In a medical malpractice case, expert’s testimony about his personal practices is relevant and admissible for the purpose of impeaching his testimony about the standard of care.
Civil
Escamilla v. Shiel Sexton Co., Inc., No. 54S01-1610-CT-546, __ N.E.3d __ (Ind., May 4, 2017).
Unauthorized immigrants can pursue claims for decreased earning capacity damages. Unauthorized immigration status is admissible only if the evidence’s proponent shows by a preponderance of evidence that the plaintiff will be deported.
L.G. v. S.L., No. 29A04-1607-AD-1756, __ N.E.3d __ (Ind. Ct. App., May 4, 2017).
There was an appearance of impropriety when the attorney for one side wrote a letter of recommendation for the trial court judge while the case was pending; trial court judge should have recused himself from the proceedings.
KS & E Sports v. Runnels, No. 32S01-1704-PC-226, __ N.E.3d __ (Ind., April 24, 2017).
A firearms seller is immune from a damages suit for injuries caused by another person’s misuse of a firearm, but the seller is not immune from a public nuisance claim seeking equitable relief.
Ryan v. TCI Architects/Engineers/Contractors, Inc., No. 49S02-1704-CT-253, __ N.E.3d __ (Ind., April 26, 2017).
By entering into a contract containing language that required general contractor to assume responsibility for implementing and monitoring safety precautions and programs for all individuals working on the site, and by agreeing to designate a safety representative to supervise such implementation and monitoring, the general contractor affirmatively demonstrated an intent to assume a nondelegable duty of care toward the subcontractor.