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Lloyd Dean States v. R.D. Werner Co.

6/21/1990

fficiently similar to test the ladder's capacity when a person is actively moving while using the ladder. Thus, we conclude that the trial court erred in admitting the videotape into evidence.


However, an error is reversible only if it had a substantial effect on the rights of the parties. C.R.C.P. 61; see Cheney v. Hailey, 686 P.2d 808 (Colo. App. 1984).


Here, plaintiffs presented expert testimony concerning the effect of horizontal forces on the ladder. Also, plaintiffs were afforded extensive cross-examination of defendant's expert concerning the effect of horizontal forces on the outcome of the experiment. Under the circumstances, we conclude that the erroneous admission of the videotape did not substantially affect the outcome of the trial and, thus, did not constitute reversible error.


Plaintiffs' remaining contention is without merit. Judgment affirmed.


Disposition


JUDGMENT AFFIRMED.



Judges Footnotes



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