Admissibility of Computer-generated Animations as Demonstrative Evidence

• Publication year: 2002
• Pages: 89

31 Colo.Law. 89 Colorado Lawyer 2002.

2002, January, Pg. 89. Admissibility of Computer-Generated Animations as Demonstrative Evidence

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89

Vol. 31, No. 1, Pg. 89

The Colorado Lawyer
January 2002
Vol. 31, No. 1 [Page 89]

Specialty Law Columns
Civil Evidence
Admissibility of Computer-Generated Animations as Demonstrative Evidence
by Monica M. Marquez

Q: Are computer-generated video animations admissible as demonstrative (versus scientific) evidence

A: Yes, if the proponent proves that the animation is an authentic, relevant, fair, and accurate portrayal of the evidence to which it relates, and is not unfairly prejudicial

Assumed Facts

Batman was having a rotten day. He and Robin narrowly missed capturing two robbers at the Gotham City Bank. Worse yet while backing the Batmobile out of the bank parking lot, he rear-ended Granny Smith's parked Studebaker while Granny was sitting in the driver's seat endorsing her check deposits. Batman and Robin leapt out of the Batmobile to see if Granny was injured. Granny stepped out of her car, checked the bumper (which was undamaged), shook her purse, and, on her way into the bank, spouted a few choice words at the two superheroes. She appeared otherwise unharmed. Batman and Robin shrugged and zoomed away in the Batmobile. Some time later, Granny sued Batman, claiming that Batman negligently drove the Batmobile into her Studebaker and that she suffered a whiplash injury as a result of the accident.

Before trial, Granny files a motion in limine, seeking to offer a short video animation depicting how whiplash injuries occur. The video was prepared for Gotham City Medical School by a computer graphics company. Granny states that she intends to use the video as demonstrative evidence to illustrate the testimony of her medical expert, Dr. Rubberneck, regarding the nature of whiplash injuries.

Not to be outdone by Granny's high-tech showmanship Batman, in his own motion in limine, seeks to introduce a video animation that re-creates the accident by depicting the speed, location, and angle of the vehicles at the moment of impact (as denoted by the frame subtitled "Pow!"). The animation was created by Batman's accident reconstruction expert, Professor Newton. The video was done to scale, but did not conform to the laws of physics or mathematics, and was based on information that Professor Newton obtained in an...