Traver v. PACK. INDUS. GP., INC.

577 A.2d 876, 242 N.J. Super. 574
CourtNew Jersey Superior Court Appellate Division
DecidedApril 9, 1990
StatusPublished
Cited by4 cases

This text of 577 A.2d 876 (Traver v. PACK. INDUS. GP., INC.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Traver v. PACK. INDUS. GP., INC., 577 A.2d 876, 242 N.J. Super. 574 (N.J. Ct. App. 1990).

Opinion

242 N.J. Super. 574 (1990)
577 A.2d 876

TIMOTHY TRAVER, PLAINTIFF,
v.
PACKAGING INDUSTRIES GROUP, INC., DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

Decided April 9, 1990.

*575 Thomas R. Chesson for plaintiff (Porzio, Bromberg & Newman, attorneys; Kenneth R. Meyer on the brief).

James P. Richardson for defendant (Sellar, Richardson, Stuart & Chisholm, attorneys).

VILLANUEVA, J.S.C.

This products liability action arises out of an accident which occurred when a cutting blade descended on plaintiff's hand as he attempted to clear debris from machinery known as a "thermoformer." The blade came down across the middle of plaintiff's upturned palm and nearly amputated the top half of his hand. Plaintiff's hand was reattached by microsurgery.

Plaintiff's attorney, at a de bene esse deposition, indicated his intention to utilize a videotape of the surgical procedure at the *576 trial. Defendant's attorney objected to the admissibility of the videotape, contending that the lead surgeon was available to testify and the videotape would add nothing to the jury's understanding of the proofs, while it is extremely unpleasant and inflammatory.

This is a motion in limine made by defendant, pursuant to R. 4:14-9(f), to exclude at the trial the videotape of the surgical procedure under Evid.R. 4.

The court, after viewing the videotape of the surgical procedure, orally denied defendant's motion. This opinion supplements that oral decision.

I.

On February 9, 1985, plaintiff Timothy Traver's dominant hand was almost amputated by a machine manufactured by defendant Packaging Industries Group, Inc. He was taken to Bellevue Hospital where his hand was microsurgically reattached (reconstructed) by a team of surgeons headed by Bradford W. Edgerton. Coincidentally, the Bellevue Hospital microsurgery team was cooperating with a medical publishing company which was preparing a videotape for teaching purposes. A videotape crew was on call with the microsurgery crew and videotaped the surgery.

On February 13, 1990 the de bene esse videotape deposition of Edgerton was taken. Since he presently practices in California, this was the only feasible manner to obtain his testimony for trial purposes. Although the surgery took 11 hours, a 30-minute edited version of the videotape of the surgery was prepared for use at this trial. Through use of an edited version of the complete videotape, he explained the reattachment surgery that he performed. When the surgery videotape appears on the screen, Edgerton explains the surgery through questions and answers. Edgerton testified that use of the videotape in this manner was helpful to him in recalling and explaining precisely what was done during the surgery because the videotape provides a chronological detailed record.

*577 The surgery videotape can be divided into two different phases. Phase I involves the beginning and the end of the videotape. The beginning of the videotape demonstrates the injury sustained by plaintiff. There are a couple of short clips which visualize his hand before any surgery. This is almost the same view that plaintiff had of his hand shortly after he removed it from the machine and held it together against his body. The hand, which was severed across the palm, would have been completely amputated if not held together in a hinge-like fashion by the skin on the back of his hand. Shortly after plaintiff removed his hand from the machine, he looked down at it and recognized that he had a severe, crushing injury. He could see a bloody mass of bones, tendons and other internal anatomical structures. Although he probably had no idea what they were, he obviously could see them. There is no doubt that the videotape is a graphic display in color of a very unpleasant event. The other portion of phase I, at the end of the videotape shows the hand post-surgery. This is precisely what plaintiff observed for many weeks when he looked at his reattached, unbandaged hand.

Phase II of this videotape, the intraoperative section, chronicles the surgery in a step-by-step fashion, examining the repair of bones, tendons and nerves, as well as the removal of a vein in plaintiff's leg for grafting to the main artery in the hand. Edgerton indicated that all the surgery he performed was reflected in the operative record. However, the operative report does not contain a chronological list of the items of surgery, and it does not explain the details of surgery in the manner that the videotape does.

After plaintiff's hand was reattached, he had to undergo two additional surgeries, which involved a tendon transplant and a tendon transfer.

II.

Defendant contends that the surgery videotape should be excluded under Evid.R. 4 because it creates a substantial *578 danger of undue prejudice. It also argues that the videotape is cumulative evidence. However, the mere fact that photographs may be cumulative does not render them inadmissible. State v. Myers, 7 N.J. 465, 485-486, 81 A.2d 710 (1951). Relevant videotapes are generally admissible if properly authenticated. Balian v. General Motors, 121 N.J. Super. 118, 125, 296 A.2d 317 (App.Div. 1972), certif. den. 62 N.J. 195, 299 A.2d 729 (1973). The issue here is not one of authentication but one of alleged undue prejudice. In order to bar evidence under Evid.R. 4 the judge must find that the "probative value is substantially outweighed by the risk that its admission will ... create substantial danger of undue prejudice...."

Defendant's assertion that this videotape is not relevant is clearly without merit. The condition of plaintiff's hand immediately after the accident and subsequent to surgery clearly is related to his damages. Additionally, the nature of the surgery performed and the precise steps taken during surgery (including many shown under a microscope with between 10 and 40 times magnification) are probative in understanding both the surgery and the reasons for post-surgery deficits.

Edgerton's description included phrases such as "a close-up of the hand wrapped in a bloody bandage," and that it "shows an unwrapping of the bloody bandage from the hand" and "a close-up showing the depth of the injury, showing that all the muscles, bones, tendons, nerves and vessels have been cut. The only thing remaining is a bridge of dorsal skin and some veins." Later on he described a segment as a "dissection deep into the palm of the hand to identify the bone ends and to prepare them for repair." These statements are not inflammatory. His description of the surgery which he performed was very factual, illuminating and informative.

"One picture is worth more than ten thousand words." Chinese proverb.

What emphasizes the relevance and probative value of the videotape was the end of the procedure when the surgeons used *579 a pin to obtain blood from plaintiff's finger to know whether the blood was circulating to determine whether the operation was a "success." Viewing the instruments used, the veins being attached, all the tendons being reattached, the suturing and the wires was very descriptive, and the probative value far outweighs any possible prejudicial effect.

The admission of photographs having some probative value, even where cumulative and somewhat inflammatory, rests within the discretion of the trial judge. State v. Thompson, 59 N.J.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Daniel Cohen v. Weg & Myers, Pc
New Jersey Superior Court App Division, 2025
New Jersey Div. v. ARG
824 A.2d 213 (New Jersey Superior Court App Division, 2003)
Washburn v. Beatt Equipment Co.
840 P.2d 860 (Washington Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
577 A.2d 876, 242 N.J. Super. 574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/traver-v-pack-indus-gp-inc-njsuperctappdiv-1990.