Indiana Supreme Court Opinion Clarifies the Limitations of Lay Witness and Expert Testimony


 A recent Indiana Supreme Court opinion has clarified the role of an injured party's ability to express opinions about their injury and what a defense medical expert can say about the medical treatment received in an Indiana personal injury case. In Sibbing v. Cave, 2010 WL 744928 (Ind.) the plaintiff, Mrs. Cave, brought suit after she was injured in a motor vehicle collision with the defendant, Mr. Sibbing. Mr. Sibbing admitted liability but argued that Mrs. Cave's injuries were not caused by the crash. The trial court entered judgment for the plaintiff, Mrs. Cave. https://askcompetentlawyer.com/civil-litigation/ The defendant, Mr. Sibbing, appealed, arguing that the trial court erred by allowing Mrs. Cave to give her own opinion on the cause of her pain. Mr. Sibbing also argued that the trial court erred by excluding his hired medical expert to testify that the plaintiff really didn't need all the medical treatment she received.

The Indiana Supreme Court found that Mrs. Cave's own opinion as to the cause of her pain qualified as permissible testimony by a lay witness pursuant to Indiana Rule of Evidence 701. Upon direct examination, Mrs. Cave was asked what she believed was causing her pain. She replied that her lower back pain was due to a bulging disk. The defendant objected under Indiana Rule of Evidence 803(4) and 702. The Court, however, found that the Mrs. Cave could describe what she believed to be causing her pain, even if it does include aspects of medical diagnosis.

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