INJURIES
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Exhibiting an injury to the trier of fact is a form of real evidence and is relevant whenever the nature and extent of the injury itself is relevant.{footnote}Burnett v. Caho, 7 Ill. App. 3d 266, 285 N.E.2d 619 (3d Dist. 1972)(removal of artificial eye); Darling II v. Charleston Memorial Hospital, 50 Ill. App. 2d 253, 200 N.E.2d 149 (4th Dist. 1964)(amputated leg); Yellow Cab Co. v. Henderson, 39 A.2d 546 (Md. 1944).
Check 66 ALR2d 1334.{/footnote} Exhibition of injuries which are gruesome or offensive may be precluded by the trial court in its discretion, where there is a danger of undue prejudice.{footnote}159 A.L.R. 1410.{/footnote}
Demonstrations
Whenever a witness may exhibit his or her injury to the trier of fact, it is also permissible to have the witness demonstrate any impairment or disability caused by the injury through a physical demonstration.{footnote}Allen v. Seacoast Prods., Inc., 623 F.2d 355 (5th Cir. 1980)(plaintiff properly allowed to remove and replace artificial eye in front of jury).
Check 82 ALR4th 980; 66 ALR2d 1382.{/footnote} Such demonstrations are disfavored, however, due to the fact that they are easy to fake and difficult to cross-examine. The trial court in its discretion may preclude such a demonstration where there is an undue risk of prejudice or faking.{footnote}Hehir v. Bowers, 85 Ill. App. 3d 625, 407 N.E.2d 149 (2d Dist. 1980)(plaintiff not allowed to demonstrate range of motion in injured shoulder); 66 A.L.R.2d 1382.{/footnote}
See also VIDEOTAPES AND FILMS–"Day-in-the-Life" Films.
Relevance
Relevance of nature of injuries to victim in prosecution for assault or similar crimes.{footnote}87 ALR2d 926.{/footnote}
Related Articles
PHOTOGRAPHS; VIDEOTAPES AND FILMS; PREJUDICE.