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Bowoto v. Chevron Corp.

2006 WL 1627004 (2006)

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Bowoto v. Chevron Corp.

United States District Court for the Northern District of California

2006 WL 1627004 (2006)

Facts

Larry Bowoto (plaintiff) sued Chevron Corporation (defendant) in federal court in connection with a May 1998 incident involving a seagoing barge. Those onboard the vessel at the time testified that the barge’s deck was cluttered with cargo, cranes, and other equipment. Chevron’s proffered evidence included a three-dimensional computer model of the barge, which two computer experts created based on aerial photographs they took and measurements they made of the vessel in late 2005. The model represented only the barge itself, stripped of any deck clutter. Chevron also proffered the experts’ testimony that the model accurately depicted the barge and gave jurors the virtual ability to stand on the deck in the same positions as those who witnessed the incident. Bowoto filed a motion in limine to exclude both Chevron’s model and its experts’ testimony as unfairly prejudicial and misleading.

Rule of Law

Issue

Holding and Reasoning (Illston, J.)

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