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Ensor v. Wilson

Supreme Court of Alabama

519 So.2d 1244 (1987)

Relevant factsFree

Misty Wilson (plaintiff), a brain-damaged six-year-old, sued Dr. Ensor (defendant) for malpractice; before trial, the judge privately observed a trained therapist lead Misty through exercises demonstrating her limited physical and mental capacity, and at trial permitted the therapist to repeat the demonstration for the jury while explaining its significance, under the judge's close supervision to ensure fairness. The jury awarded Misty $2.5 million, and Ensor appealed, arguing the demonstration was unfairly prejudicial.

IssueFree

Whether an in-court demonstration is admissible evidence of a plaintiff's injuries if the probative value of the evidence outweighs its prejudicial capacity.

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