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Monday, June 18, 2007

Rena Brenman, et al. v. Michael Demello, et al.

5-30-07 (A-13-06)

The admissibility of any relevant photographs rests on whether
the photograph fairly and accurately depicts what it purports to
represent, an evidentiary decision that properly lies in the
trial court’s discretion. The Court rejects a per se rule that
requires expert testimony as a foundation for the admissibility
of a photograph of vehicle damage when the photograph is sued to
show a correlation between the damage to the vehicle and the
cause or extent of injuries claimed by an occupant of the struck
vehicle.