Opinion

Bindschusz v. Phillips

  • 2001 Pa. Super. 93
  • 771 A.2d 803
  • 2001 Pa. Super. LEXIS 372
  • 2001 WL 290422
Court
Superior Court of Pennsylvania
Filed
Mar 27, 2001
Status
Published
Author
Cavanaugh
On the bench
McEwen, Cavanaugh, Cirillo
Cited by
33 cases

affirming trial court’s ruling allowing testimony of anesthesiologist on causes of neurologic pain disorder sustained by patient during surgery by defendant orthopedic surgeon

How later courts described this case

  • affirming trial court’s ruling allowing testimony of anesthesiologist on causes of neurologic pain disorder sustained by patient during surgery by defendant orthopedic surgeon
  • surveillance videos are discoverable; failure to timely produce or disclose a surveillance video can lead to preclusion at trial

Written by the judges who cited it.

The opinion

¶ 1 I join the majority opinion, but write separately to state that to the extent that *Page 814

it is held that when surveillance tapes are obtained, there must always be an amendment to appropriate interrogatory answers. I disagree. As demonstrated in Dominick, there may be circumstances where supplemental answers are not necessary. Where, as here, it is argued that counsel did not have the tapes until the eve of trial, may be another such circumstance. However, I agree that the trial court did not err in refusing to allow usage of the surveillance tapes because 1) the tapes were recorded on May 19 and trial commenced on May 24 thus providing vigilant counsel ample time to disclose their existence before trial so that opposing counsel could be alerted to avoid any undue prejudice which might flow from usage of the tapes and, 2) the concession by appellant's trial counsel that appellee's trial testimony as to his physical limitations did not differ from his 1995 deposition testimony 8 thus negating any surprise at trial which might have lent the tapes immediate relevance.

8 See trial court opinion page 15.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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