The Daily

Defense Raises New Argument After Trial To Escape $12M Verdict, Blaming a “Prejudicial” Animation

Evidentiary issues during the trial need to be preserved in order to be protected on appeal.

In oral argument before a three-judge panel in Miami, Discount Rock & Sand’s attorney Andrea Cox told the appeals court that the district court judge erred in allowing jurors to view what she called a “horror show of an animation that was patently misleading” that shows the Discount Rock & Sand truck slamming into the Nissan Rogue carrying the four women on vacation in the Florida Keys.

But the Trial Judge said this was not the original objection to the animation and might have been waived as a result.

But U.S. Circuit Judge Robert J. Luck said he had not found any instance in the record where Discount Rock & Sand had made an objection at trial to showing the video because of its potentially prejudicial value. “The objections seem to me they were mostly about timeliness,” Judge Luck said. “I think you did preserve that, but I don’t know if embedded in there is ‘judge, this thing is prejudicial.'”

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