BAUGH EX REL. BAUGH v. CUPRUM S.A. DE C.V.

No. 12-2019.

730 F.3d 701 (2013)

John BAUGH, by and through his Wife and Next Friend, Sharon BAUGH, Plaintiff-Appellant, v. CUPRUM S.A. DE C.V., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 13, 2013.


Attorney(s) appearing for the Case

David C. Wise , Attorney, Burke, Wise, Mahoney & Kaveny, Chicago, IL, for Plaintiff-Appellant.

David M. Macksey , Attorney, Charles P. Rantis , Attorney, John W. Bell , Attorney, Garrett L. Boehm, Jr. , Attorney, Johnson & Bell, Ltd., Chicago, IL, for Defendant-Appellee.

Before WOOD and HAMILTON, Circuit Judges, and DARROW, District Judge.


HAMILTON, Circuit Judge.

This appeal requires us to clarify what is meant when an exhibit is labeled "demonstrative" and is not actually admitted into evidence. In this product liability trial, a defense expert illustrated his testimony by using an exemplar of the product in question, a ladder that had collapsed while the plaintiff was using it. Although had objected to use of the exemplar ladder as substantive evidence, the court allowed its use for solely demonstrative...

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