Monday, December 12, 2022

Court Addresses Admissibility of Photographs at Trial

In the case of Saahir v. Albert Einstein Med. Center, December Term 2017, No. 03298, (C.P. Phila. Co. Aug. 25, 2022 Foglietta J.), the court found that photographs documenting a decedent’s painful injuries while the decedent was in the hospital were relevant to the Plaintiff’s wrongful death and survival claims. The court, in this Rule 1925 Opinion, recommended affirmance of its ruling in favor of the admission of the photographs at trial.

In its Opinion, the court noted that the Defendant’s argument regarding a discrepancy in the date of the photos went to the weight of such evidence and not the admissibility of the evidence.

The court in its Opinion provides a nice summary of the law of admissibility at trial in this regard, including with respect to whether the prejudicial effect of the evidence outweighs any probative value of the evidence.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Nov. 29, 2022).

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