Evidence-Wellborn SU2006 Outline

General motors readily admitted that the conditions

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Unformatted text preview: es were inadmissible. Fusco's main objection was that the taped scene on the test track did not adequately replicate the conditions of the accident. General Motors readily admitted that the conditions were not the same but argued that the tape was admissible to show general scientific principles and that the dissimilarities went to weight and not admissibility. Issue: Should the "driving tapes" have been admitted? In order to be excluded does Fusco have to show that the tapes were unduly prejudicial?? Holding: No. Fusco does not have to show undue prejudice with respect to the tapes. Burden of proof is on General Motors to show that there was substantial similarity in conditions between the replication and the actual accident. o In this case, the evidence would mislead the jury...similar to actual accident but not close enough...in some subtle way is different and therefore misleading. Notes: TEXAS CASE: Turner v. General Motors Plaintiff says cheap fix = roll cage conceded, so GM attorney doesn't want to argue that it costs too much (only like $100) Main approac...
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