Simms v. Dixon

Facts

According to the trial testimony of Appellant, the collision at issue occurred after Appellant, “having properly signaled her intention to turn right from the curb lane,” pulled out into the road. Appellant claims her vehicle was struck from behind by Appellee’s car. According to the trial testimony of Appellee, Appellant pulled out in front of his vehicle, “suddenly and without warning.” Appellee testified that his car hit Appellant’s, “on the right hand side,” near the middle of the vehicle’s side doors. Appellant attempted to introduce six photographs of her care, taken after the collision, in order to show where her car was damaged and, accordingly, that her version of the collision was the correct one. The trial court did not allow the photographs, holding that they would only be admissible if the person who took the photographs, “first testified as to how the photographs were taken.” The trial court also stated that the photographs would only be admissible if App ellee had an opportunity to cross-examine the photographer. The trial court ultimately held that it was within its discretion to view the pictures and to disallow them, “where it felt further clarification would be necessary.” Finally, the trial court rejected the contention that Appellant’s own testimony, rather than that of the photographer, was sufficient to lay the proper foundation for the admission of the photographs.