Indiana Supreme Court Holds Psychologist Allowed to Testify as to Cause of Brain Injury in Elkhart County, Indiana Truck Accident Case
In Bennett v. Richmond (No. 20S03-1105-CV-293), the Indiana Supreme Court held the trial court was correct in allowing a psychologist to testify that the plaintiff in a Elkhart County, Indiana truck accident case had a brain injury that was caused by the crash. The Court explains, in Bennett, the plaintiff underwent a neuropsychological evaluation with Dr. Sheridan McCabe, a psychologist. Plaintiff had been suffering from headaches and memory loss sinice the crash, but had not been diagnosed with a brain injury.
Dr. McCabe reviewed plaintiff's medical records and deposition, interviewed plaintiff and his wife, and administered a "battery" of neuropsychological tests to plaintiff. After which, Dr. McCabe testified that plaintiff had "experienced a traumatic brain injury in the accident."
In reaching its holding that it was appropriate for Dr. McCabe to testify plaintiff had suffered a traumatic brain injury caused by the crash, the Indiana Supreme Court reasoned that psychologists and neuropsychologists may provide such testimony if they are qualified under Indiana Evidence Rule 702 (qualified based on certain knowledge, skill, experience, training, or education).


of the nation-wide YMCA's Healthy Kids Day on Saturday, April 30th which raises public awareness and promotes healthy lifestyles among youth and families. The event will be held from 10 a.m. until 1 p.m. at the Witham Family YMCA, 2791 N. Lebanon Street, Lebanon, Indiana and is FREE and open to the public. To promote bike safety, Paul Kruse and Tony Patterson will pass out 100 free children's bicycle helmets, bike reflectors, and will give away one boys bicycle and one girls bicycle at their "PedalPalooza" booth.