No. W88-1160 Precedential Processed

Cordova v. Allstate Ins. Co.

Louisiana Court of Appeal, First Circuit · Filed November 28, 1988 · 534 So. 2d 543

Cited by

Morrison v. Johnston 571 So. 2d 788 La. Ct. App. 2d Cir. 1990

Authorities cited

Identified automatically; this list may not be exhaustive.

Ryals v. Home Ins. Co. 410 So. 2d 827
State v. Desormeaux 414 So. 2d 375

Opinion text

WRIT GRANTED IN PART AND DENIED IN PART: The trial court abused its discretion in excluding from evidence all the photographs taken of Anthony Innis prior to his cosmetic surgery, since the probative value of a photograph revealing the serious nature of the boy’s injury, prior to cosmetic surgery, outweighs any prejudicial effect it may have upon the jury. However, plaintiff is limited to the introduction of plaintiffs exhibits number 1000 and number 1004 only, since the other three photographs would be merely cumulative. See Ryals v. Home Ins. Co., 410 So.2d 827 (La.App.3rd Cir.1982), writ denied 414 So.2d 375 (La.1982). Therefore, the relator’s writ application is granted insofar as relator is allowed to introduce the two photographs identified above. Concerning the facts surrounding the taking of defendant-Mutchler’s affidavit, the trial court was correct in ruling that the defense counsel may introduce testimony concerning the confection of the affidavit.