DTCI: Photo of car admissible to show lack of injury

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DTCI-Hehner-ButzOn Aug. 10, 2011, the Indiana Court of Appeals issued an opinion that addressed for the first time the issue of whether a photograph of vehicle damage is relevant and admissible to assist a jury in determining the extent of bodily injury in a trial arising from a motor vehicle accident. In Flores v. Guiterrez, No. 45A04-1101-CT-28, 2011 WL 3501865 (Ind. App. Aug. 10, 2011), the Court of Appeals affirmed the trial court’s admission of a photograph of the plaintiff’s vehicle following the motor vehicle accident at issue, in which he was rear-ended by the defendant. The photograph depicted a vehicle with “little to no damage.” Despite the fact that liability was already determined, the jury awarded the plaintiff zero damages.  

On appeal, the plaintiff claimed the photograph was inadmissible on the grounds that it was irrelevant to any determination of his bodily injury. The court and parties agreed there is no Indiana authority on this issue so the court looked to other jurisdictions for support. While the court noted some jurisdictions bar the admission of photographs of property damage for purposes of establishing injury absent expert testimony showing a causal link, the Court of Appeals sided with those jurisdictions that allow photographs of property damage to show injury even with no expert testimony. Those other jurisdictions (and the Court of Appeals of Indiana) believe the relationship between the force of impact, the resultant injury, and the extent of the relationship is a jury issue, and the jury should be permitted to view photographs of vehicles involved in an accident. The court ultimately agreed with the trial court and held that the damage (or lack thereof) to the plaintiff’s vehicle had some tendency to prove or disprove facts relating to his personal injury claim. In outlining its reasoning the court stated:

“Here, the trial court admitted Exhibit D [the photograph of the automobile] on the basis that it was properly authenticated and relevant to Flores’s [the Plaintiff’s] personal injury claim arising out of a car accident. Flores [the Plaintiff] admitted during his testimony that Exhibit D truly and accurately depicted his vehicle as a result of the impact. Under Indiana Evidence Rule 401, relevant evidence is ‘evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.’ (Emphasis supplied). In admitting Exhibit D, the trial court concluded that the damage or lack thereof, to Flores’s vehicle had some tendency to prove or disprove facts relating to his personal injury claim. We agree. Flores presented no expert testimony to suggest that, under these facts, no such tendency existed. To the contrary, his own expert, Dr. Jones, testified that he had inquired into vehicle damage when assessing Flores’s condition immediately following the accident. While additional testimony by Dr. Jones suggested that a direct relationship between damage and injury does not always exist, he did not indicate that such a relationship was nonexistent under these circumstances.” Flores v. Guiterrez, No. 45A04-1101-CT-28, 2011 WL 3501865, at 5 (footnote omitted).

The Court of Appeals also noted in a footnote that while “the link at issue here is between minimal property damage and minimal injury, this commonsense relationship may also be relevant to link significant property damage and serious injury.” Id. n.3.

Pursuant to this opinion, a photograph of vehicle damage is therefore likely to be considered relevant and admissible to the issue of bodily injury in a personal injury action, unless the party seeking to exclude the photograph has expert testimony tending to show the lack of a direct relationship between the damage and the injury.•


Jim Hehner and Ashley Arthur Butz practice with the law firm of Hehner & Associates, LLC in Indianapolis. Mr. Hehner is a director of the Defense Trial Counsel of Indiana. The opinions expressed in this article are those of the authors.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

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