Brenman v. Demello

This appeal presents a single issue germane to automobile accident cases: whether expert testimony is required as a condi*21tion precedent to the admission of photographs of vehicle damage when the cause or extent of a plaintiffs injuries are at issue.

We answer that question in the negative. The admissibility of any relevant photograph rests on whether the photograph fairly and accurately depicts what it purports to represent, an evidentiary decision that properly lies in the trial court’s discretion. We reject a per se rule that requires expert testimony as a foundation for the admissibility of…