Opinion
Case No. 4:04-cv-102.
January 24, 2006
ORDER DENYING PLAINTIFF'S MOTION IN LIMINE NO. 6 TO PERMIT PLAINTIFF TO EXHIBIT THE ACCIDENT VEHICLE TO THE JURY
Before the Court is the "Plaintiff's Motion in Limine No. 6 to Permit Plaintiff to Exhibit the Accident Vehicle to the Jury," filed on January 6, 2006. The plaintiff requests an order allowing her to display the Olson Ford Explorer to the jury during her case-in-chief. The plaintiff proposes to make arrangement to have the vehicle transported on a flat-bed truck to a location in close proximity to the courthouse, in other that the jury may observe the condition of the vehicle and certain of its component parts. Defendant Ford Motor Company joins in the motion, but notes that a second viewing may be needed after Ford's experts have testified.
Within the same pleading as its response, Ford included a "Motion to Exclude Plaintiff's Undisclosed Opinion and Argument Concerning the Vehicle's Seat." See Docket Nos. 117 118. The Court will rule on Ford's motion in a separate order once Olson has had an opportunity to respond.
The Court finds that permitting the jury to view the Ford Explorer is not necessary in this case. The condition of the vehicle can be adequately conveyed to the jury through the use of photographs, diagrams, and/or videotape. Allowing the vehicle to be viewed by the jury would be a time-consuming disruption of the trial. See Fed.R.Evid. 403 ("evidence may excluded if its probative value is substantially outweighed by considerations of undue delay, waste of time, or needless presentation of cumulative evidence"). As a result, the Court finds that allowing the jury to view the Ford Explorer is unnecessary and unwarranted. The Court DENIES the Plaintiff's Motion in Limine No. 6. (Docket No. 90).
IT IS SO ORDERED.