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Schindler Elevator Corp. v. Anderson

Relevant photographic evidence, which does not serve to illustrate disputed issues or aid the jury in understanding the case, is admissible unless it is merely calculated to arouse the sympathy, prejudice or passion of the jury.

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AFFIRMED IN PART, REVERSED AND REMANDED IN PART, AND OPINION FILED AUGUST 16, 2001.

OPINION

In this appeal, Schindler Elevator Corporation challenges a judgment in favor of Scott and Diana Anderson and their son, “Scooter,” for injuries they received when Scooter’s foot lodged in an escalator, which tore off his foot’s skin and three toes. After a jury awarded the Andersons $16.97 million, the trial court remitted the award to $5.4 million. Schindler appeals in thirteen points of error, contending (1) the evidence of proximate cause is both legally and factually insufficient; (2) the evidence supporting the jury’s apportionment of liability is both legally and factually insufficient; (3) the statute of repose barred submission of strict liability questions; (4) the trial court improperly phrased a statute of repose question; (5) it was error to submit jury questions about post- sale strict products liability; (6) the escalator was not the producing cause of Scooter’s accident; (7) and (8) there is legally and factually insufficient evidence for failure to warn at the time the escalator was installed and at the time of the accident; (9) the trial court erred in admitting expert testimony; (10) the trial court erred in admitting an audio-muted episode of “Dateline” in which escalator side guards were demonstrated; (11) the trial court erred in permitting incurable, improper jury argument; (12) the evidence supporting Scooter’s future mental anguish and his father’s past loss of consortium is both legally and factually insufficient; and (13) the evidence supporting the jury’s damage award of $16.97 million is legally and factually insufficient. The Andersons bring one cross-point, contending that the trial court erred in remitting past and future medical costs, future pain and mental anguish, and Scott Anderson’s loss of consortium.

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