October 20, 2009
October 19, 2009
NITA Conference Helps Train Trial Attorneys the Skills Needed in Personal Injury Litigation
Attorneys who represent personal injury victims or handle personal injury litigation should attend one of the periodic conferences conducted by the National Institute for Trial Advocacy. I had the privilege of serving on the faculty for the recent week-long NITA conference at the Indiana University School of Law at Indianapolis and I am proud to report that it was a wonderful success.
NITA provides training of legal advocacy skills for lawyers with all ranges of skills, but is particularly helpful to those attorneys who have less experience in the courtroom or wish to refine their skills. The conference seeks to teach advocacy skills in all facets of litigation, with a 4:1 student/faculty ratio and a volunteer faculty of judges, professors and practicing attorneys from around the country.
The conference in Indianapolis last week focused on examination of lay and expert witnesses, as well as opening statements and final arguments. It concluded with a mock trial by all participants. NITA conferences utilize a learn-by-doing method, with immediate feedback and demonstations by faculty members. Participants are welcomed into the NITA "family" and receive NITA certification at the end of the conference.
October 12, 2009
INDIANA COURT OF APPEALS UPHOLDS TRIAL COURT'S DECISION TO REDACT "DEPARTMENT OF INSURANCE" SHOWN IN MEDICAL REVIEW PANEL OPINION
In Spaulding et al. v. Wishard Memorial Hospital et al., No. 49A02-0810-CV-954 (October 8, 2009), the Indiana Court of Appeals decided several issues stemming from a medical malpractice trial. One of those issues is whether the trial court erred by redacting the words "Department of Insurance" from the medical review panel's certified opinion. On appeal, the Indiana Court of Appeals held the trial court was correct in excluding the words "Department of Insurance" and using a redacted copy of the certified medical review panel opinion as evidence.
At trial, the plaintiff's counsel sought to introduce a copy of the medical review panel opinion, which had a stamp, seal and caption depicting the State of Indiana Department of Insurance. Indiana law provides that in medical malpractice cases, the report issued by the experts on the medical review panel is admissible at trial. IC 34-18-10-23. However, the defendant in this case argued Indiana Rule of Evidence 411 bars evidence being introduced that shows a person was or was not insured against liability, unless it is being offered to prove agency, ownership, control, or bias/prejudice of a witness.
October 7, 2009
TWO PIERCETON TEENS CRITICALLY INJURED IN THREE CAR ACCIDENT IN KOSCIUSKO COUNTY
WSBT.com is reporting four Pierceton, Indiana teenagers were injured in a three car accident occurring in Kosciusko County Tuesday morning. Early reports indicate a van driven by a 17-year-old turned off of a county road onto Indiana 14 in front of two vehicles causing the accident. The collision caused at least two of the vehicles, including the van, to flip and eject some of its occupants.
The driver of the van, 17-year-old Jarrod Lewis was airlifted from the scene of the accident. Two passengers riding in the van he was driving, 16-year-old Charles Shepherd and 15-year-old Austin Striggle, were in critical and serious condition following the accident.
Click here to read more on the accident reported by WSBT.com.
October 5, 2009
HARVEST SEASON PRESENTS ADDITIONAL CHALLENGES FOR RURAL INDIANA ROADWAY USERS
Those of us who have lived in Indiana, or other locations throughout the Midwest, for any number of years are aware that the fall months of September, October and November constitute peak harvest season for grain farmers across Indiana. In order to access their fields, farmers often times must make use of Indiana roadways with their agricultural machinery. Agricultural machinery such as combines and tillage equipment are several times larger than normal cars, SUVs and pickup trucks. Consequently, they take up a greater portion of rural Indiana roadways, which can be more narrow compared to other roadways to begin with.
This lack of space can create challenges for all drivers, but with caution and awareness Indiana motor vehicle operators can safely share the roadway with our state's grain farmers. The Chicago Tribune recently reported that the Indiana State Police are urging drivers to stay alert for slow moving machinery and should be prepared to make immediate stops when quickly coming upon agricultural machinery in the roadway. The article also advises drivers to stay patient and to make certain the agricultural machinery you are attempting to pass is not making, or about to make, a left hand turn.
