This personal injury action arose from a motor vehicle accident. The plaintiff sought pre-trial orders excluding surveillance, striking the jury notice, and notifying the jury of the deductible. Justice Fowler Byrne agreed to conditionally strike the jury (subject to jury availability when the trial began).
With respect to the surveillance, Justice Fowler Byrne rejected the plaintiff’s argument that surveillance obtained while the investigator was trespassing was inadmissible, but accepted that surveillance of the plaintiff’s wedding day should be excluded because its potential prejudice would outweigh its probative value. Finally, Justice Fowler Byrne held that the jury was not to be informed of the statutory deductible. The jury’s task was to determine the quantum of damages without regard to later deductions.