The Delaware Superior Court has ruled that photographs taken by a plaintiff’s expert can be admitted as evidence in a negligence lawsuit against Delaware Park Casino. Although the casino’s attorneys claimed the photos, which were taken after the alleged injury occurred, were prejudicial because they do not accurately recreate the events at the time of the accident, the court held that any defense counsel concerns about the photos can be resolved during cross-examination.
On Jan. 10, 2010, Audrey E. Sweiger, 81, was at Delaware Park Casino, according to court documents. Sweiger left the casino area and entered a glass-enclosed alcove that she believed to be a smoking room. She then attempted to re-enter the casino through a different entrance and walked into an unmarked glass window. When Sweiger hit the window, she fell to the floor and suffered bodily injuries and incurred medical expenses totaling $134,815.
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