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Click here for the full text of this decision FACTS:In this personal injury appeal, appellant, Dennis Roberson, challenges a judgment that awarded $24,825.50 in damages in favor of appellee, Benjamin Collins. Collins filed suit for injuries he sustained after Roberson ran a red light and broadsided his car. Roberson stipulated that his negligence proximately caused the collision, and the parties proceeded to a jury trial on damages. The jury awarded 1. $5,000 in physical pain and mental anguish sustained in the past; 2. $5,000 for physical pain and mental anguish that will be sustained in the future; 3. $6,000 in loss of earning capacity sustained in the past; 4. $2,500 physical impairment that will be sustained in the future; and 5. $6,325.50 of medical care incurred in the past. On Feb. 2, 2005, Collins filed a motion to enter judgment. The trial court signed a final judgment awarding Collins $24,825.50. HOLDING:Affirmed. The record reflects that Roberson did not preserve his legal sufficiency points through any of the enumerated ways. Moreover, Roberson did not file a motion for new trial, thus waiving his factual sufficiency issues. Roberson argues that the trial court erred in admitting photographs of Collins’ vehicle which showed damages the vehicle sustained in the accident. When Collins introduced the photographs, exhibits two through five, into evidence, Roberson objected, “I don’t believe it would be appropriate for me to come in here with photographs of very minor damage and say, ‘Look at this minor damage. I don’t see any way that this plaintiff could have been injured.’” Roberson also objected that the photos were not evidence “to support a determination of whether the plaintiff is injured, and they are irrelevant.” Without a response from Collins, the trial court stated, “When defendants do offer photographs of cars with no damage, I admit them.” The trial court ruled that the photos were admitted. The admission or exclusion of evidence is left to the sound discretion of the trial court. Collins testified that his car was totaled and that he had to be pried out of the car. Collins identified exhibits two through five as his totaled car and testified that the photographs fairly and accurately showed how his car looked after the accident. The trial court did not abuse its discretion in admitting the photographs, which relate to the accident’s impact. Moreover, Roberson makes no argument that the error, if any, probably caused the rendition of an improper judgment. Roberson argues that the judgment is defective because reversible and non-reversible damages cannot be distinguished. Specifically, Roberson argues that both physical pain and mental anguish damages were submitted together in question 1. When the trial court asked for objections to the charge, both sides made no objection. The reporter’s record does not contain an objection by either party to receipt of the verdict by the trial court. Other than his appellate complaint, Roberson never raised his jury charge objections with the trial court. The court holds that Roberson failed to preserve his complaint for appellate review. OPINION:Evelyn V. Keyes, J.; Keyes, Alcala and Bland, J.J.

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