Bannister v. Town Of Noble, Oklahoma

812 F.2d 1265 (10th Cir. 1987)

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Nature of the Case

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Facts

During trial, the court admitted into evidence three videotapes. The court viewed them before admitting them. D challenged P's a 'Day in the Life' film. D argued that P's 'Day in the Life' videotape was unduly prejudicial within the meaning of Fed. R. Evid. 403 and thus inadmissible. D also argued that the district court abused its discretion in admitting into evidence a videotape which shows a car like the one involved in the accident approaching an inclined ramp, becoming airborne, and landing. The film shows the jump three times, each time from a different angle. P offered the videotape not as a recreation but as a demonstration of certain principles. The district court viewed the film and then admitted it for this limited purpose. The district court instructed the jury that: “The film is not being introduced for the purpose of attempting to recreate the accident involved in this case. The Plaintiff does not contend that the film reenacts the accident. . . . The film is introduced only to demonstrate certain physical principles. . . . You're instructed not to consider this film as a reenactment of the accident.” D also argued that the district court erred when it allowed P to show a videotape to the jury during closing argument. The videotape was edited to show portions of the 'Day in the Life' tape, the demonstration tape, and a portion of a taped deposition of one of P's doctors. The court viewed it and admitted it. P got the verdict and D appealed, in part, on the admissions of the tapes.