Philadelphia Personal Injury Attorney Talks About Philadelphia Personal Injury Jury Views

Attorney - Philadelphia Personal Injury Attorney Talks About Philadelphia Personal Injury Jury Views

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There are distinct legal standards that apply when one litigation requests that the court permit a jury to visit an urgency scene. A jury viewing is seldom vital and, if it is warranted, a jury can be bussed to the locale. Johns v. First Union, 777 A.2d 489 (Pa. Super. 2001). The paucity of recent case law is evidence of the rarity with which a jury view is ordered.

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If there are many photographs of the urgency scene and the visits to the scene by the master witnesses, some lay witnesses have also been to the urgency scene and can testify about the conditions, the jury will be able to weigh this evidence and make allowable findings of fact without visiting the scene itself. Although photographs are never as revealing as the reality they depict, juries are called upon to rely on photographic evidence in virtually every trial. There is no speculate why the jury will not be able to do so.

Any jury view would have to take place in the month of the urgency to simulate the conditions. The jury view would have to take place on a day with weather conditions similar to those present at the time of the accident. Since it will be impossible to produce the same number of ambient light during a jury view, such a view will necessarily confuse the jury. T

In exercising its discretion, the court may consider the possible benefit of the view to the jury in its deliberations, as weighed against the strangeness and charge of arranging for the view and the evidence already adduced at trial. Higgins, supra. Regardless of the venue of the trial, it is extremely unlikely that the court would issue the jury to travel to the urgency site to view what is already shown in the photographs and described in detail by the master and lay witnesses. Given the time commitment and unnecessary expenses necessitated by bussing the jurors, counsel and the trial judge to the urgency location, and the danger of confusing the jury, defendant's invite for a jury view of the urgency site should generally be denied.

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