In a motor vehicle accident damages trial where liability was admitted, the court conducted a voir dire to determine the admissibility of surveillance video evidence of the plaintiff.
The defendant sought to use the video under Rule 30.09 of the Rules of Civil Procedure to impeach the plaintiff’s credibility regarding the extent of her physical limitations.
Applying the principles from Landolfi v. Fargione, the court held that evidence tendered solely for impeachment must be relevant to credibility on a material issue and its probative value must outweigh its prejudicial effect.
The surveillance showing the plaintiff performing daily activities was relevant to credibility and its probative value, while modest, was not trifling.
The court ruled the videos admissible solely for impeachment purposes, with a limiting instruction to the jury.
