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Davis v. Maute

Judgment in personal injury case reversed because trial court erred in admitting photos of plaintiff's car and allowing defense counsel to argue, in the absence of expert testimony, that there was a correlation between the extent of the damage to plaintiff's car and the extent of plaintiff's injuries; because court's failure to provide specific limiting instructions on the issue was prejudicial, plaintiff was entitled to a new trial.

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Submitted: March 13, 2001

Upon appeal from the Superior Court. REVERSED and REMANDED.

This personal injury case requires us to address the question of the limitations on defense counsel’s argument and the admissibility of photographs of a vehicle, both of which are impliedly advanced, without expert testimony, to minimize personal injury damages because damage to the vehicle was minor. In his opening statement and in summation, counsel for the defendant suggested that the plaintiff’s subjective complaints about serious personal injuries lacked credibility because the injuries were allegedly the product of a minor automobile accident referred to by counsel as a “fender-bender.” The defendant also offered in evidence photographs of the apparently light damage to the plaintiff’s car, and the photographs were admitted by the trial court. There was no expert testimony linking the contention of slight property damage to a contention tending to minimize the plaintiff’s physical injuries.

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