# Sears Roebuck and Co. v. Manuilov

> Indiana Supreme Court · January 23, 2001 · 742 N.E.2d 453

URL: https://www.frixlaw.com/law-library/cases/9505588

## Case

- **Full name:** SEARS ROEBUCK AND CO., Defendant/Appellant, Respondent to Transfer, v. Milan MANUILOV, Plaintiff/Appellee, Petitioner on Transfer
- **Court:** Indiana Supreme Court
- **Decided:** January 23, 2001
- **Citations:** 742 N.E.2d 453; 2001 Ind. LEXIS 12; 2001 WL 51680
- **Precedential status:** Published
- **Opinion:** Dissent by Boehm
- **Judges:** Dickson, Rucker, Sullivan, Testimony, Boehm, Shepard
- **Cited by:** 86 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9505588

## How later opinions describe it (automated extraction)

- stating that once the trial court is satisfied that the expert's testimony will assist the trier of fact and that the expert's general methodology is based on reliable scientific principles, then the accuracy, consistency, and credibility of the expert's opinions may properly …
- holding that once the trial court is satisfied that the expert’s testimony will assist the trier of fact and that the expert’s general methodology is based on reliable scientific principles, then the accuracy, consistency, and credibility of the expert’s opinions may properly …
- holding that an expert's credibility is subject to "vigorous cross-examination"
- holding that there was evidence to support the jury's determination of damages

## Opinion text

BOEHM, Justice,
dissenting.
I respectfully dissent because, in my view, the first and second issues addressed by the majority are not independent of each other, and, in concert, produce a flawed trial. Dr. Blinder testified, among other things, that in his opinion Manuilov was not a malingerer. This opinion was not based on observation of physical symptoms or scientifically valid tests, but on Blinder’s observation of Manuilov’s behavior and accounts of that behavior furnished by Manuilov or his counsel. Among the latter was the assurance that Manuilov had no criminal history or anti-social behavior.
Blinder told the jury that Manuilov had no criminal history and suggested he was not a “wife beater.” These assumptions were explicitly made a basis of his view that Manuilov was not a malingerer. This was not challenged under Indiana Evidence Rule 704(b), which provides that a witness may not testify as to whether another “witness has testified truthfully,” so, to the extent this is an issue, it is not presented here. However, when the defense sought to prove that the information on which Blinder based his views was false, the trial court excluded that evidence because of the- obvious prejudice that would result from evidence that Manuilov was allegedly involved in domestic violence. An offer of proof established that the defense was prepared to offer evidence that Manuilov had been charged with domestic violence on at least two occasions, and had been found in contempt of a restraining order.
The balance under Indiana Evidence Rule 403 between probative value and prejudice is a matter of trial court discretion and this ruling was made under difficult circumstances by an experienced and highly respected trial judge. Certainly in normal circumstances that balance would preclude evidence of domestic violence or a minor criminal record even if marginally relevant. Here, however, the evidence was offered to rebut factually incorrect testimony that Manuilov had purposefully elicited to bolster his claim. In my view, Manuilov opened the door as wide as it can get. It is simply unfair to permit a party to open up the subject of his own truthfulness, put on an expert to bolster it based on false factual assumptions, and then successfully oppose evidence that undercuts those assumptions under a claim of prejudice. I believe the Court of Appeals majority was correct in ordering a new trial.
SHEPARD, C.J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9505588. Public record. Not legal advice.