Massachusetts Appeals Court Allows Photographs of Property Damage Absent Expert Testimony as Evidence of Extent of Personal Injury
By Paul V. Esposito
Despite the lack of expert evidence, litigants may offer photographs of vehicle damage to show a correlation between the damage and personal injuries. Laccetti v. Ellis, 2023 Mass. App. LEXIS 43 (3/20/23). Defendant, rear-ending plaintiff’s car introduced photographs of minor damage to the cars. The trial court allowed defendant to argue that serious injury is more likely following a serious collision, but not that it is less likely following a less serious collision. Adopting the majority rule nationwide, the Appeals Court ruled that expert testimony is not always needed, as jurors can draw appropriate conclusions from the evidence.