Ryan v. United Parcel Service, Inc.

EDELSTEIN, District Judge.

After a verdict for plaintiff in,an action for wrongful death resulting from a collision between defendant’s truck and decedent’s automobile, defendant moves to set aside the verdict and for a new trial. Four errors are argued as the basis for the motion.(1) Over defendant’s objection, a photograph was admitted into evidence, taken by a police officer shortly after the accident, and showing decedent’s car with the right front door open and decedent’s body hanging out. It is urged that this photograph inflamed the passion of the jury, and that it was unnecessary as an…