Personal Injury

Films taken of the plaintiff without notice are admissible to show that the plaintiff’s injuries are not as severe as is claimed.{footnote}Cisarik v. Palos Community Hospital, 193 Ill. App. 3d 41, 549 N.E.2d 840 (1st Dist. 1989).{/footnote}  All footage must be disclosed to the plaintiff, however, and the plaintiff may use any of that footage as part of its case.{footnote}Cisarik v. Palos Community Hospital, 193 Ill. App. 3d 41, 549 N.E.2d 840 (1st Dist. 1989).{/footnote}

It has been held that where the defendant undertakes surveillance but offers none of the resulting evidence, it is not error to prevent the plaintiff from introducing the surveillance evidence as corroboration.{footnote}Scaggs v. Consolidated Rail Corp., (7th Cir. Oct. 12, 1993, No. 92-3116).{/footnote}