The Attempt to Exclude Demonstratives in Representing Client Injury Case

It is anticipated that Plaintiffs will attempt to display or introduce as evidence certain animated images which attempt to depict injuries sustained by Heather Crosby. (Exhibit C hereto, Animated Images, filed under seal.)

These images are found in the visual aids discussed in subheading one of this motion, and any probative value that these images may offer would be substantially outweighed by their prejudicial effect to Defendants, and as such, they should be excluded. (Fed. R. Evid. 403).

These images are attempted recreations of the alleged injuries to Mrs. Crosby’s leg, arm, and pelvis, and in no way contain actual images of Mrs. Crosby or her alleged injuries. Rather, these images are inaccurate medical diagrams which attempt to emulate Mrs. Crosby’s condition and surgical procedures, and as such, would be extremely prejudicial to Defendants if allowed.

Further, these images should be excluded pursuant to Fed. R. Evid 403, because, if allowed, these images would confuse the injuries and mislead the jury. Plaintiffs have medical experts who will testify regarding Mrs. Crosby’s condition and injuries she sustained as a result of the wreck. This anticipated testimony will provide the jury with the necessary information regarding Mrs. Crosby’s injuries and condition and the medical experts can accurately explain the surgical procedures experienced by Mrs. Crosby. Again, the images in the visual aids do not contain accurate photos of Mrs. Crosby or her injuries and condition; instead, they contain, for example, exaggerated facial expressions of pain clearly meant to mislead the jury. Allowing these visual aids would confuse the issues, namely the actual injuries and condition of Mrs. Crosby, and mislead the jury. These images should be excluded pursuant to Fed. R. Evid. 403.