Bennett v. Richmond
2012 Ind. LEXIS 13
| Ind. | 2012Background
- In May 2004 Bennett's 42,000-pound roll-off truck rear-ended Richmond's van.
- December 2005 Richmond sued Bennett for neck and back injuries from the collision.
- October 2006 Richmond underwent a neuropsychological evaluation by Dr. Sheridan McCabe, who testified Richmond had a traumatic brain injury.
- Bennett objected to Dr. McCabe's testimony on three occasions; pretrial motion to exclude denied; trial overruled; post-judgment motion denied.
- Court of Appeals reversed; Supreme Court granted transfer to address admissibility of causation testimony under Rule 702.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a psychologist may testify to brain-injury causation | Richmond argues causation testimony allowed under Rule 702. | Bennett contends physicians only may testify on medical causation. | Court approves psychologist’s causation testimony under Rule 702. |
| Whether Dr. McCabe was qualified to opine on causation | McCabe had relevant knowledge and neuropsychology experience. | McCabe lacked medical training in etiology of brain injuries. | Court held McCabe qualified to testify on causation. |
| Whether Dr. McCabe's causation testimony was reliable | Testimony rested on standard neuropsychological methods and brain-behavior relations. | Methods lacked medical-etiology basis and required Daubert-type scrutiny. | Court found testimony based on reliable principles and admissible. |
| Whether trial court properly admitted the testimony without a Daubert hearing | No formal Daubert hearing was required; bench proceedings and deposition supported admissibility. | Daubert review needed a formal hearing before admissibility. | Court rejected need for Daubert hearing absent request; admission upheld. |
| Whether weight of Dr. McCabe's testimony affected admissibility | Weight to be determined by cross-examination and jury. | Crucial to show reliable causation; credibility issues preclude admissibility. | Weight and credibility for the jury; admissibility affirmed. |
Key Cases Cited
- Hutchison v. Am. Family Mut. Ins. Co., 514 N.W.2d 882 (Iowa 1994) (discusses expert testimony and causation in brain injury cases)
- Huntoon v. TCI Cablevision of Colo., Inc., 969 P.2d 681 (Colo. 1998) (neuropsychologist qualified to testify on causation)
- Cunningham v. Montgomery, 921 P.2d 1355 (Or.App. 1996) (neuropsychologist testimony on causation considered admissible)
- TRW Vehicle Safety Sys., Inc. v. Moore, 936 N.E.2d 201 (Ind. 2010) (trial court's gatekeeping role under Rule 702)
- Brown v. Terre Haute Regional Hospital, 537 N.E.2d 54 (Ind.Ct.App. 1989) (examines expert testimony and medical causation)