In the case of Webb v. Scranton Quincy Hospital Company, LLC, No. 2021-CV-4073 (Lacka. Co. March 8, 2024 Nealon, J.), Judge Terrence R. Nealon provided a thorough analysis of the law applicable to the reference to admissible evidence during the course of an Opening Statement at a civil litigation trial.
As confirmed by Judge Nealon's Opinion, there is a dearth of precedent on this common issue. As such, Judge Nealon's Opinion in this Webb v. Scranton Quincy Hospital Company case is likely to become the go-to decision for the applicable law regarding the use of demonstratives during an Opening Statement at a civil litigation trial.
In this medical malpractice case, the Plaintiff filed a Motion In Limine seeking leave of court to utilize admissible excerpts of video tape depositions of unidentified defense witnesses during the course of the Opening Statement to be presented by Plaintiff’s counsel.
After reviewing the sparse law on the issue, which, generally speaking, allows, under the discretion of the trial court, the reference and showing of admissible evidence during the course of an Opening Statement, Judge Nealon ruled that, since the video deposition testimony of parties, their officers, directors, managing agents, and designated witnesses, and non-party medical witnesses and expert witnesses “may be used against any party” at trial “for any purpose” pursuant to Pa. R.C.P. 4017.1(g) and 4020(a)(2) and (5), “any part or all” of the video depositions of those types of witnesses may be shown to the jury during an opening statement to the extent that those excerpts from the video depositions are admissible at trial.
The court ordered the Plaintiff to identify which portions of what video deposition they intend to utilize during the course of the Opening Statement so that the opposing party could assert any reserved evidentiary objections to those excerpts so that any required rulings may be made prior to the Opening Statement.
Anyone wishing to review a copy of this decision may click this LINK.
In this medical malpractice case, the Plaintiff filed a Motion In Limine seeking leave of court to utilize admissible excerpts of video tape depositions of unidentified defense witnesses during the course of the Opening Statement to be presented by Plaintiff’s counsel.
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| Judge Terrence R. Nealon Lackawanna County |
After reviewing the sparse law on the issue, which, generally speaking, allows, under the discretion of the trial court, the reference and showing of admissible evidence during the course of an Opening Statement, Judge Nealon ruled that, since the video deposition testimony of parties, their officers, directors, managing agents, and designated witnesses, and non-party medical witnesses and expert witnesses “may be used against any party” at trial “for any purpose” pursuant to Pa. R.C.P. 4017.1(g) and 4020(a)(2) and (5), “any part or all” of the video depositions of those types of witnesses may be shown to the jury during an opening statement to the extent that those excerpts from the video depositions are admissible at trial.
The court ordered the Plaintiff to identify which portions of what video deposition they intend to utilize during the course of the Opening Statement so that the opposing party could assert any reserved evidentiary objections to those excerpts so that any required rulings may be made prior to the Opening Statement.
Anyone wishing to review a copy of this decision may click this LINK.
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