In the case of Rosa Esparza who was thrown to her death from the Six Flags Texas Giant Roller Coaster when a ride attendant allegedly failed to properly secure her lap bar the lawyers for Six Flags have filed a motion seeking to prevent the attorneys questioning witnesses from using pictures of the scene, a move which the victims lawyers have alleged is frivolous and deserving of sanctions. After the first witness was questioned regarding the scene photos the defense attorneys refused to produce more witnesses and filed their motion.
Questions regarding the scene of an accident are pertinent to the reasonable development of a death case and the use of scene photos in questioning witnesses is customary. The objection to such a routine practice likely is a delay tactic which may very well be nothing more than an attempt to buy more time while the defense lawyers “woodshed” their witnesses based upon the questions in the first deposition. If such is the case then sanctions are appropriate.
For more information www.earldrottlaw.com.