Holding & Decision
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Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Adamczuk (P) sued Holloway (D) for injuries and property damages that he received as the result of an automobile accident. At trial, P testified that a photo was accurate in its representation of the scene of the accident. On cross-examination, P testified that he had no photographic experience, did not know who had taken the photo, and was unfamiliar with the conditions under which the photo was taken. D objected to the photo's admission into evidence. His objection was sustained. P tried two more times to get this photo admitted, but was rejected by the court. The main problem was that P did not have the original photographer take the stand about his photo, nor did he bring in any other proof regarding the circumstances of the photograph. The jury returned a verdict for D. P moved for a new trial. P then appealed from the motion's denial.
Issues
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Legal Analysis
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