Parr Richey Frandsen Patterson Kruse

Call For A Free Consultation Today | 317-505-1342

  • Home
  • About Our Firm
    • Attorney Profiles
    • Our Firm History
    • Why Choose Us?
    • Articles
    • Blogs
    • Newsletters
    • Verdicts And Settlements
  • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Catastrophic Injuries
    • Dog Bites
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Wrongful Death
    • More Practice Areas
  • FAQs
  • Attorney Referrals
  • Communities Served
    • Indianapolis, Indiana
    • Bloomington, Indiana
    • Columbus, Indiana
    • Fort Wayne, Indiana
    • Gary, Indiana
    • More Communities Served
  • Contact
  • Home
  • About Our Firm
    • Attorney Profiles
    • Our Firm History
    • Why Choose Us?
    • Articles
    • Blogs
    • Newsletters
    • Verdicts And Settlements
  • Personal Injury
    • Car Accidents
    • Truck Accidents
    • Catastrophic Injuries
    • Dog Bites
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Wrongful Death
    • More Practice Areas
  • FAQs
  • Attorney Referrals
  • Communities Served
    • Indianapolis, Indiana
    • Bloomington, Indiana
    • Columbus, Indiana
    • Fort Wayne, Indiana
    • Gary, Indiana
    • More Communities Served
  • Contact
Email

CALL

Photo of John M. McLaughlin, Tony W. Patterson and Paul S. Kruse

Helping You Put Your Life Back On Track After A Serious Injury

  1. Home
  2.  ► 
  3. Personal Injury Litigation
  4.  ► 
  5. The Importance of Error-Preservation at Trial in Indiana

The Importance of Error-Preservation at Trial in Indiana

Parr Richey Frandsen Patterson Kruse LLP | Mar 23, 2016 | Personal Injury Litigation, Products Liability |

When a party takes a case to trial and does not get the result they had hoped for, they can sometimes appeal the lower court’s decision to an appellate court to have the case reviewed. Most states, including Indiana, have three levels of courts: trial, intermediate appellate, and supreme. As the name implies, the trial court is where a trial takes place. If a party is not satisfied with a ruling, they may appeal to the intermediate appellate court. If that court finds against the party again, they can file another appeal in the state supreme court. In some very limited and specific circumstances, a party may be able to make one final appeal to the United States Supreme Court.

A court, however, will not hear any issue merely because a party was not satisfied with the ultimate result; there must be some legal issue that is the basis of the appeal. Often, these are evidentiary rulings made by the trial judge.

Trial judges are supposed to follow rules of evidence, which dictate what kinds of evidence are admissible at trial. If evidence that was not supposed to be considered by the jurors is put before the jury, that may result in reversible error. Similarly, if a judge prevents a party from admitting evidence that should have been admitted, that too can qualify as reversible error. However, a party almost always has to “preserve” the error by objecting when the adverse ruling is made.

Preservation of error is important because appellate courts do not overrule lower courts unless the lower court was presented with the exact issue at trial. Thus, if an appellate court is presented with an issue that was raised for the first time on appeal, the party making the argument should be prepared to explain why the argument was not presented below.

Court Dismisses Plaintiff’s Appeal Based on Failure to Preserve Alleged Error

Earlier this month, a federal appellate court issued an opinion dismissing a plaintiff’s appeal based on the plaintiff’s failure to object to an alleged error at trial. In the case, Stults v. International Flavors, the plaintiff claimed that the judge made several errors regarding expert witness testimony in a product liability case. However, on appeal, the court refused to consider the plaintiff’s claims because he did not present the lower court with the opportunity to correct the alleged errors.

Have You Been Involved in an Indiana Accident?

If you or a loved one has recently been involved in any kind of Indiana personal injury accident, you may be entitled to monetary compensation. It is important to keep in mind that personal injury cases can be very complicated for a number of reasons, including determining which evidence is admissible and how to get all favorable evidence before the judge or jury. To learn more about Indiana personal injury cases, and to speak with a dedicated and knowledgeable attorney about your case, call 888-532-7766 to set up a free consultation today.

Related Posts:

Court Upholds Jury’s Zero-Dollar Verdict in Personal Injury Case, Indiana Injury Lawyer Blog, March 9, 2016

Federal Court of Appeals Rejects Indiana Man’s Claim Against Equipment Company After Crane Accident, Indiana Injury Lawyer Blog, February 25, 2016

What should you do after a crash on I-465 or I-70?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 27, 2025 | Car Accidents

You're driving I-465 like you've done a hundred times before — fast, focused and trying to get somewhere. Then it happens. A sudden jolt, a loud impact, maybe the screech of tires or the crunch of metal. Everything feels disoriented for a second, but your mind starts...

The rights and duties of bicycle drivers in Indiana

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 15, 2025 | Bicycle Accidents

Bicycling is a beloved activity for many in Indiana, offering a means of transportation and a way to enjoy the outdoors. Still, sharing the road with motor vehicles can present significant risks. To safeguard cyclists, Indiana has various laws that address bicycle...

Costs of loss: recovering damages in child wrongful death cases

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Apr 28, 2025 | Wrongful Death

You can lose the ones you love for the most mundane reasons. A seemingly innocent meal purchased at a local grocery store can cost you more than you intended to pay. Late last year, grieving mother Shantria Weddle filed a wrongful death lawsuit. Weddle’s 12-year-old...

Modern twists on the age-old problem of distracted driving

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 31, 2025 | Car Accidents

We all know texting while driving is dangerous. But have you looked around your car lately? Modern vehicles come packed with screens, buttons and alerts that can pull your attention from the road just as quickly as a phone. And outside your windows are plenty of...

What are the most common causes of car accidents in Indianapolis?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Car Accidents

Several factors consistently contribute to vehicular accidents in the Indianapolis area. Data shows the following are top causes of accidents in the area: Alcohol: Recent research conducted by Indiana University’s Public Policy institute finds that a top cause of...

What are unique factors of commercial truck accidents?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Truck Accidents

When driving on Interstate 465, I-70 or I-65 around Indianapolis, you’ve likely felt dwarfed by massive commercial trucks barreling down the highway. The sheer size disparity between your vehicle and a fully loaded semi creates potentially catastrophic consequences in...

Am I liable for a car accident on a slippery road?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 20, 2025 | Car Accidents

Heavy rain or snow can create hazardous driving situations. Wet roads can cause cars to slide or skid, making it hard to control your vehicle. Icy patches are even more dangerous, as they can be nearly invisible and cause sudden loss of traction. On snowy or rainy...

When Businesses Have a Duty to Protect Their Customers: The Foreseeable Attack

Parr Richey Frandsen Patterson Kruse LLP | Dec 12, 2023 | Premises Liability

On November 29, 2023, the Indiana Court of Appeals published its Opinion in Brummett v. Bailey, 23A-CT-683, slip op. Brummett is the latest case in a string of Indiana Court of Appeals decisions following the Indiana Supreme Court’s Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 389 (Ind. 2016). In these cases, the courts have been grappling…

Thu v. Willis and the Necessity of Expert Medical Testimony

Parr Richey Frandsen Patterson Kruse LLP | Aug 28, 2023 | Car Accidents

On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. In this case, Thu v. Willis,[1] Guy Willis Sr. (“Willis”)…

Erie Insurance Exchange v. Craighead: Protecting the Purpose of Underinsured Motorist Coverage

Parr Richey Frandsen Patterson Kruse LLP | May 22, 2023 | Car Accidents, Insurance, Underinsured Motorist ("UIM") Claims

In a case determined in September 2022, the Indiana Court of Appeals decided an important and common issue for injury victims when dealing with their own insurance in its opinion in Erie Insurance Exchange v. Craighead. Many drivers who are injured as a result of an underinsured motorist turn to their own underinsured motorist coverage and medical payments coverage to…

« Older Entries

Recent Posts

  • What should you do after a crash on I-465 or I-70?
  • The rights and duties of bicycle drivers in Indiana
  • Costs of loss: recovering damages in child wrongful death cases
  • Modern twists on the age-old problem of distracted driving
  • What are the most common causes of car accidents in Indianapolis?

Archives

Categories

RSS Feed

Subscribe To This Blog’s Feed

Contact Us Today

Parr Richey Frandsen Patterson Kruse

Phone
317-505-1342

  • Follow

Indianapolis Law Office

251 North Illinois Street
Suite 1800
Indianapolis, IN 46204

Lebanon Law Office

225 West Main Street
PO Box 668
Lebanon, IN 46052
Chicago Law Office

One East Wacker Drive
Suite 2600
Chicago, IL 60601

Review The Firm

© 2025 Parr Richey Frandsen Patterson Kruse LLP • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw