Grimes v. Employers Mutual Liability Insurance Company

73 F.R.D. 607 (1977)

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Nature of the Case

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Facts

P seeks a ruling on the admissibility of: 1) a film depicting P performing various daily activities and conducting clinical tests (hereinafter referred to collectively as 'film.' D objected to the admission of the film as: 1) irrelevant, 2) prejudicial, 3) selective and cumulative, and 4) hearsay. P's film is a 25 minute, 16 mm soundless motion picture consisting of three segments: 1) a section depicting P performing daily activities in and near his home, 2) a section depicting P performing the Jebsen-Taylor Hand Function Test, and 3) a section depicting P performing a range-of-motion, prosthetic device test. P claims that the deposition taken from Robert Stern is sufficient verification of the film. Stern is a professional photographer, that he used a camera in good mechanical condition, that the material filmed was not rehearsed, that no special cameral effects were used, that the film was not edited, and that the film accurately portrays what he observed while making the film.