Wednesday, December 4, 2013

Simms v. Dixon case brief

Simms v. Dixon case brief summary
291 A.2d 184 (D.C. App. 1972)

In a negligence action, plaintiff appealed the order of the Superior Court of the District of Columbia, which refused to admit into evidence certain photographs on her suit against defendant that concerned an automobile accident.

Plaintiff and defendant were in an automobile accident. The testimonial evidence was irreconcilable as to who was at fault. Plaintiff attempted to admit into evidence certain photographs of plaintiff's car to show who was at fault. The trial court refused to admit the photographs on the basis that the photographer was not available. The trial court granted judgment for defendant and plaintiff appealed.

The court found that the trial court had improperly exercised its discretion as the photographer was not necessary to lay a foundation for the admission of the photographs.

The court reversed the order of the trial court, which granted judgment for defendant, and remanded the matter for a new trial.

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