2/28/2023 0 Comments Cuprum ladderThe general rule is that materials not admitted into evidence simply should not be sent to the jury for use in its deliberations. However, demonstrative exhibits are not admitted into evidence and pose a different issue. In deciding this appeal, the court of appeals stated that the trial court has discretion in determining which exhibits are provided to the jury during deliberations. Finally, on the third day, after many arguments about the use of the ladder, the judge permitted the ladder to go into the jury room with another note. Once again, the judge overruled plaintiff’s objections and permitted the jury to enter the courtroom to look at the ladder. On the second day of deliberations, the jurors asked for the ladder again, and the Baugh family attorney objected. It was not admitted in evidence. You may, if you wish, step into the courtroom to look at the exemplar ladder, but we will not be sending it into the jury room during your deliberations.” The judge in a sense compromised by overruling the plaintiff’s objection and allowed the jurors to view the exemplar ladder in the courtroom.The judge also sent a note to the jury that said, “Dear Jurors: The exemplar ladder is a demonstrative exhibit. Plaintiff’s counsel then referred the judge back to the fact that the ladder was not disclosed before the pretrial conference and discovery disclosures and that the exemplar ladder was to be used only as a demonstrative exhibit. The judge at first agreed with the plaintiff, but then asked the plaintiff’s counsel to explain why it was prejudicial to allow the ladder into the jury room. it was not offered into evidence by either side, and no witness did anything other than refer to it. Plaintiff’s counsel objected on the basis that the ladder “was introduced for or brought into the courtroom for demonstrative purposes. The judge asked if there were any objections to the jury’s request. But about 2 hours into the jury’s consideration of the case, the jury sent a note to the judge asking to see the exemplar ladder. The jury began its first day of deliberations around noon.The demonstrative exhibit, the exemplar ladder, was not sent to the jury room for use in its deliberations. The court then allowed the ladder to be displayed and used in the courtroom during the trial testimony by Cuprum’s expert.Ĭuprum used the exemplar ladder during the trial arguing that its design was effective and that the ladder would not collapse under normal load use with all four legs on the ground.In addition, Cuprum’s expert showed the jury a video inwhich he tested the strength and stability of the ladder. The video also showed the expert performing other tests that included jumping on the ladder as if it were a pogo stick and tipping the ladder in different positions. The district court judge ruled that since the ladder was being offered as a demonstrative exhibit, the plaintiff’s objection to untimely disclosure was irrelevant. Cuprum also argued that the exemplar ladder would be used to demonstrate and help the jury understand the expert’s testimony. It was not intended to be substantive evidence. In response to the objection, Cuprum argued that the exemplar ladder was for demonstrative purposes and that it would be used during direct examination of its expert witness. The ladder had not been included in Cuprum’s expert disclosures. 1, 2011, Cuprum’s exemplar ladder was marked as an exhibit “for Demonstrative Purposes.” The plaintiff’s counsel objected to any use of the new exemplar ladder at trial. The exemplar ladder was new, but had been built to the exact specifications to the ladder that Baugh had used. John could not testify as to what happened to him because of his injuries.Ībout three months before the beginning of the trial, the defendant, Cuprum, informed plaintiff’s attorney that it intended to use an exemplar of the actual ladder at the jury trial. claiming that the defective design and the manufacturer’s negligence was the cause of her husband’s injuries. Baugh’s wife Sharon filed a lawsuit on his behalf against Cuprum S.A.de C.V. John Baugh sustained a severe brain injury when the Cuprum ladder that he was using to clean his gutters buckled and collapsed.
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