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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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