This section contains the nature of the case and procedural background.

P and D got in an auto accident. D claims that it occurred when P suddenly turned her car into the path of his car, and he then struck P. P claims that she signaled for a right turn and when she turned D’s car struck her car. P sought to introduce six photographs of her car after the collision to show the site of the impact. The photographer who took the pictures was unavailable. Council offered to lay the foundation for admission through P herself. The trial court refused admission unless the photographer laid the foundation. D was granted summary judgment, and P appealed on the issue of admitting the photos unless the photographer testified and laid the foundation. Simms lost at trial and appealed.

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