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This section contains the nature of the case and procedural background.

P entered D's hospital for a kidney and spleen removal. An x-ray was taken after the removal and while standing for the picture P fell and was injured. P sued and asserted that the x-ray technician was some distance away when she ordered him to move slightly, and when he did without assistance he fell. The technician testified that she went to P when his knees began to buckle and she lowered him to the floor. A videotape of the technician’s version of the events was entered into evidence at the trial. The technician testified that the tape was a fair rendition of the incident. P objected. P lost and appealed.

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