Milan v. COM., DEPT. OF TRANSP.

I would agree with the Milans that the trial court improperly exercised its discretion in admitting the portion of Miner’s videotaped deposition where Miner offered inconsistent testimony regarding the status of his driver’s license at the time of the accident. Because I believe that this was reversible error, I feel compelled to dissent.

The trial court may properly exclude evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues or misleading the jury. Daset Mining Corp. v. Industrial Fuels Corp., 326 Pa.Superior Ct. 14, 473 A.2d 584…