Baugh v. Cuprum S.A. De C.V.
United States Court of Appeals for the Seventh Circuit
730 F.3d 701 (7th Cir. 2013)
Baugh (plaintiff) suffered a severe brain injury when a ladder made by Cuprum (defendant) collapsed, with no eyewitnesses and Baugh unable to testify at trial. Cuprum brought a replica ladder into the courtroom purely to help explain expert testimony, not as substantive evidence, and the district court allowed it on that express understanding, admitting it only as demonstrative, not substantive, evidence. During deliberations the jury asked for the replica, and over Baugh's objection the judge let the jury fully examine it, while instructing jurors not to try to reconstruct the accident with it. The jury found for Cuprum, and Baugh appealed.
Whether demonstrative exhibits that are not admitted into evidence should be sent to the jury for use during deliberations.