Reginald N. Person, Jr. v. Carol A. Shipley
962 N.E.2d 1192
| Ind. | 2012Background
- In 2002, Shipley rear-ended Person’s eighteen-wheel tractor-trailer while driving a Buick Park Avenue.
- In 2004, Person sued Shipley for neck and lower-back injuries from the crash.
- Shipley retained Dr. Turner (Ph.D.) and Dr. Lazoff (M.D.) to defend, with Turner assessing momentum transfer and causation.
- The trial court struck deposition portions as untimely but allowed trial-based admissibility; objections were renewed at trial and overruled.
- The jury returned a defense verdict with no damages to Person; Court of Appeals reversed; Supreme Court granted transfer and affirmed admissibility and the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 702 qualification of Turner for causation opinion | Turner qualified by engineering background | Turner qualified; cross-exam can address weight | No abuse; Turner qualified under Rule 702 |
| Reliability of Turner's momentum calculations | Calculations rely on unsupported assumptions | Calculations based on reliable principles; evidence supports method | Admissible; calculations based on reliable scientific principles |
| Impact of Lazoff's testimony based on Turner's calculations | Lazoff’s causation opinion relies on unreliable Turner | Lazoff may testify based on Turner's calculations | Lazoff properly admitted; cross-examination addresses weight/credibility |
Key Cases Cited
- Doe v. Shults-Lewis Child & Family Servs., Inc., 718 N.E.2d 738 (Ind. 1999) (Rule 702 gatekeeping and reliability principles)
- Sears Roebuck & Co. v. Manuilov, 742 N.E.2d 453 (Ind. 2001) (Trial court discretion; cross-examination affects weight, not admissibility)
- Turner v. State, 953 N.E.2d 1039 (Ind. 2011) (Cross-examination and weight go to credibility rather than admissibility)
- Clarke v. Sporre, 777 N.E.2d 1166 (Ind. Ct. App. 2002) (Hypoxic-event speculation; factual basis required for medical causation)
- Estate of Hunt v. Henry County Bd. of Comm’rs, 526 N.E.2d 1230 (Ind. Ct. App. 1988) (Cross-examination aids weight, not admissibility)
- Hannan v. Pest Control Servs., Inc., 734 N.E.2d 674 (Ind. Ct. App. 2000) (Medical causation versus scientific testimony distinctions)