Friday, April 3, 2015

Photos of Area of Plaintiff's Slip and Fall on Ice Allowed Even Though Taken During Different Conditions

In the case of Drum v. Dental Care R.E. Partnership, PICS Case No. 15-0254 (C.P. Lycoming Feb. 6, 2015 Anderson, J.), the court addressed a Defendant’s Motion In Limine in a slip and fall case that sought to preclude the admission of the Plaintiff’s photographs of the slip and fall location, when the photographs were taken during different weather conditions than that which existed at the time of the incident.

This matter arose out of an alleged slip and fall on ice in a parking lot. 

The photographs at issue showed the parking lot under different weather conditions than that which existed at the time of the accident.  More specifically, the photographs showed standing water in various areas of the parking lot. 

The defense argued that, based upon the Plaintiff’s deposition testimony, it had not rained on the day of the incident.  As such, the photographs were arguably not relevant.  

The Plaintiff countered by asserting that the photos were being used to show that the standing water in the parking lot was caused by improper drainage.  The Plaintiff also asserted that the patch of ice upon which the Plaintiff was caused to fall was not only a result of such improper drainage but that the Defendant had notice of the recurring condition.  

The court found that the photos were relevant and properly admitted.   

This decision can be viewed at this LINK.

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