DAVIS v. OLD DOMINION FREIGHT LINE, 4:13-cv-589-DPM. (2016)
Court: District Court, E.D. Arkansas
Number: infdco20160127a66
Visitors: 9
Filed: Jan. 04, 2016
Latest Update: Jan. 04, 2016
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . Plaintiff's motion for the jury to view the Durango during trial, No. 107, is denied. First, there seem to be plenty of accident-contemporaneous photographs of this SUV. There's been an insufficient showing that the thing itself is essential and unique in some way. Second, the case is about why the accident happened, not the particulars of the vehicle damage. No one disputes that the accident totaled Lewis's Durango. Third, we have limited trial
Summary: ORDER D.P. MARSHALL, Jr. , District Judge . Plaintiff's motion for the jury to view the Durango during trial, No. 107, is denied. First, there seem to be plenty of accident-contemporaneous photographs of this SUV. There's been an insufficient showing that the thing itself is essential and unique in some way. Second, the case is about why the accident happened, not the particulars of the vehicle damage. No one disputes that the accident totaled Lewis's Durango. Third, we have limited trial ..
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ORDER
D.P. MARSHALL, Jr., District Judge.
Plaintiff's motion for the jury to view the Durango during trial, No. 107, is denied. First, there seem to be plenty of accident-contemporaneous photographs of this SUV. There's been an insufficient showing that the thing itself is essential and unique in some way. Second, the case is about why the accident happened, not the particulars of the vehicle damage. No one disputes that the accident totaled Lewis's Durango. Third, we have limited trial time; and views must be handled carefully, not hurriedly. Looking at the vehicle would spend scarce minutes on cumulative proof. Fourth, the danger of unfair prejudice substantially outweighs the probative value of a view. FED. R. EVID. 403. Displaying the SUV itself gives undue prominence to one piece of evidence. And it risks a verdict based on a passionate response to the mangled Durango.
So Ordered.
Source: Leagle
