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COA allows for admission of vehicle photo in personal injury action

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The Indiana Court of Appeals addressed for the first time the issue of whether a photograph admitted at trial showing little damage to a truck involved in an accident is inadmissible on the grounds that it’s irrelevant to any determination of bodily injury.

Raymond Flores challenged the trial court’s determination that he is entitled to no damages arising out of his car accident with Juan Rocha Gutierrez, who hit Flores’ stopped vehicle. After the accident, Flores was able to drive his vehicle home.

Flores went to his doctor the next day to seek care for back and neck pain. He hurt his back in 1999 as the result of another car accident and was diagnosed with arthritis, scoliosis, and degenerative disc disease. His treatment for injuries from that accident ended in 2001. While he was receiving treatment for the latest car accident, Flores fell on some ice at his workplace and filed a workers’ compensation claim. He never mentioned the fall to his doctor.

Default judgment regarding liability was entered against Gutierrez, who was unable to be located, but Flores had to prove proximate cause, injury, and damages. The trial court did not grant Flores’ request to keep defense Exhibit D, a photograph of his car after the accident showing little or no damage to it, or any references to his workers’ compensation claim from being mentioned at trial. The jury awarded Flores zero damages.

In Raymond Flores v. Juan P. Rocha Gutierrez, No. 45A04-1101-CT-28, Flores challenged the admission of the photograph of his truck. He pointed to Davis v. Maute, 770 A.2d 36, 40 (Del. 2001), to support his argument that the photograph was irrelevant to determining his injuries. But Davis – which reversed admission of photographs of property damage for purposes of establishing injury and held that expert testimony must be included to admit the photographs – has since been limited to its facts, wrote Judge Cale Bradford. A later case out of Delaware said Davis shouldn’t be construed broadly to require expert testimony in every case in order for jurors to be allowed to see photographs of cars in accidents, and other jurisdictions have rejected the Davis reasoning.

The trial court admitted the photograph of Flores’ car because it was relevant to his personal injury claim, and it concluded that the damage, or lack thereof, to his car had some tendency to prove or disprove facts relating to his personal injury claim. Even Flores’ physician observed the commonsense relationship between property damage and personal injury, the judge noted.

The COA also rejected Flores’ argument that the photo was more prejudicial than probative and should have been excluded under Ind. Evidence Rule 403. The court also upheld the finding of zero damages, noting that the evidence showed Flores had multiple pre-existing back problems with multiple causes. The appellate court said the doctor’s diagnosis that some of Flores’ issues were related to the accident was attributable to an incomplete record and that Flores’ had credibility problems.

The judges also affirmed the trial court’s decision to allow references to Flores’ 2010 fall at work, his workers’ compensation claim, and the admission of certain medical records.

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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