LaHonya Ortega v. State Farm Mutual Automobile Insurance Company, Case No. 07CV11177: 12/2/08 

This is a Uninsured Motorist case involving policy limits of $25,000.00.  Plaintiff claims that she was forced off the highway in snowy conditions by a tractor trailer driver, who veered into her lane, causing her to run off the road.  Based upon the potential recovery, counsel has worked to reduce costs, and presents testimony of the main orthopedic surgeon by video deposition.  The deposition was submitted to the Court the Wednesday before trial (the day before Thanksgiving).  The Court ruled on the objections the first morning of trial, redacting answers to three questions.  As the video is played for the jury, counsel stands by and turns the sound level down during the excluded testimony.  The jurors are fairly confused, despite instructions from the Court, and at times, they laugh.  There is also a lengthy statement by the witness in which he speculates about the effects of insurance, Medicaid and other issues on potential payment for surgery.  This is not called to the attention of the Court, despite the Court ruling on an objection excluding this same information earlier in the deposition.

Moral?  Think ahead, especially if you are asking the Court to rule on objections.  It is imperative that you give the Court, and yourself, adequate time to properly redact any video before presenting it to the jury.  It takes very little time to prepare for this, but the impact on your credibility to the jury (by looking unprepared) is permanent.