Harper v. Tveter et al

Filing 65

MEMORANDUM DECISION and ORDER denying 51 Motion in Limine to Exclude Gruesome and Cumulative Photographs. Signed by Judge Ted Stewart on 8/11/2015. (blh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
TAYLOR HARPER,

MEMORANDUM DECISION AND
ORDER DENYING DEFENDANT’S
MOTION IN LIMINE TO EXCLUDE
GRUESOME AND CUMULATIVE
PHOTOGRAPHS

Plaintiff,
v.
MICHAEL TVETER,
Defendant.

Case No. 2:13-CV-889 TS
District Judge Ted Stewart
This matter is before the Court on Defendant’s Motion in Limine to Exclude Gruesome
and Cumulative Photographs. In his Motion, Defendant seeks the exclusion of certain
photographs of Plaintiff’s injuries and resulting scarring under Federal Rule of Evidence 403.
Rule 403 states that “[t]he court may exclude relevant evidence if its probative value is
substantially outweighed by a danger of one or more of the following: unfair prejudice,
confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting
cumulative evidence.” “Rule 403 does not protect a party from all prejudice, only unfair
prejudice.” 1
Having reviewed the photographs at issue, the Court finds that Defendant has failed to
show that the probative value of these photographs is substantially outweighed by their
prejudicial effect. While some of the photos are graphic, they are necessary to demonstrate the
nature and extent of Plaintiff’s injuries. Further, Plaintiff has agreed to remove some of the

1

Deters v. Equifax Credit Info. Servs., Inc., 202 F.3d 1262, 1274 (10th Cir. 2000).
1

duplicate photographs, lessening the potential for undue delay and needlessly presenting
cumulative evidence.
It is therefore
ORDERED that Defendant’s Motion in Limine to Exclude Gruesome and Cumulative
Photographs (Docket No. 51) is DENIED.
DATED this 11th day of August, 2015.
BY THE COURT:

Ted Stewart
United States District Judge

2