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Grimes v. Employers Mutual Liability Insurance Co.

United States District Court for the District of Alaska

73 F.R.D. 607 (1977)

Relevant factsFree

Thomas Grimes (plaintiff), suing Employers Mutual Liability Insurance (defendant) for personal injuries from an industrial accident, sought to introduce a videotape he made of himself performing daily activities and clinical tests to demonstrate the nature of his injuries; the insurer objected that the videotape constituted inadmissible hearsay, and the court addressed its admissibility before trial.

IssueFree

Whether a self-made videotape depicting a plaintiff deliberately performing activities to demonstrate his injuries constitutes hearsay under the rule defining a statement to include assertive nonverbal conduct.

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