 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Albrecht v. Dorsett12/1/1998
thout the evidence." N.C.R. Evid. 401. The videotape introduced in this case depicted plaintiffs engaging in various physical activities, which was probative of whether and to what extent plaintiffs were disabled by the injuries they sustained in the automobile accident. Hence, plaintiff's argument fails.
However, plaintiffs also argue that the length of the videotape and its repetitious nature were unfairly prejudicial. "Whether evidence should be excluded as unduly prejudicial . . . rests within the sound discretion of the trial court." Carrier v. Starnes, 120 N.C. App. 513, 519, 463 S.E.2d 393, 397 (1995). A ruling by the trial court on a discretionary matter will not be reversed unless the decision was arbitrary or "`lacked any basis in reason.'" Id. at 520, 463 S.E.2d at 397 (quoting Judkins v. Judkins, 113 N.C. App. 734, 740, 441 S.E.2d 139, 142, disc. review denied, 336 N.C. 781, 447 S.E.2d 424 (1994)). Because the videotape was properly admitted under section 8-97 of the General Statutes and Rule 401 of the Rules of Evidence, we hold that the ruling of the trial court admitting the videotape was "neither capricious nor ill-considered," id., and we reject plaintiff's argument to the contrary.
We note that plaintiffs raise two additional assignments of error in the record, but fail to address them in their brief. Therefore, they are deemed to be abandoned. N.C.R. App. P. 28(b)(5).
In light of the foregoing, we conclude that plaintiffs enjoyed a fair trial, free from prejudicial error.
No error.
Judges GREENE and MARTIN, Mark D. concur.
|