STATE OF FLORIDA, APPELLANT,

v.

JIMMY LEROY OWENS, APPELLEE

Citator

Cited By

• Fla. Power & Light Co. v. Goldberg, 856 So. 2d 1011 (Fla. 3d DCA 2002)
  …ce which is relevant for some legitimate purpose does not become inadmissible in every instance simply because the photographs may depict some post-accident change in the scene surrounding the site of an accident. Pensacola Inn Lid[Ltd.] v. Tuthill, 404 So. 2d 1173, 1175 (Fla. 1st DCA 1981). Photographs, though not exactly depicting the scene as it existed at the time of the incident involved, are nevertheless admissible upon a showing of the difference between the photographs and the scene of the relevant tim…
• Blanton A. Harris v. Fla. Power & Light Co., 700 So. 2d 1240 (Fla. 3d DCA 1997)
  …is that evidence of a change in conditions or proof of repairs made after an injury is never admissible as proof of the defendant’s negligence in not having made the repairs or taken precautions prior to the accident.” Pensacola Inn Ltd. v. Tuthill, 404 So. 2d 1173, 1174. (Fla. 1st. DCA 1981). In the instant case, the plaintiff attempted to introduce evidence of the post-accident tree trimming in order to establish that FP & L was negligent by failing to trim the trees. In essence, the plaintiff was attempting…
• Ramirez v. State, 132 So. 3d 849 (Fla. 4th DCA 2013)
  …he accident scene that was particularly gruesome was not an abuse of discretion where the picture was “merely cumulative evidence in light of the other testimony and exhibits introduced concerning the accident scene”); Pensacola Inn Ltd. v. Tuthill, 404 So. 2d 1173, 1174-75 (Fla. 1st DCA 1981) (finding reversible error where the probative value of photographs offered into evidence of the defendant’s premises after the injury did not outweigh “the danger of unfair prejudice and their tendency to mislead the jur…

Authorities Cited

• Brown v. State, 376 So. 2d 382 (Fla. 1979)
• Ozell Plummer v. State, 365 So. 2d 1102 (Fla. 1st DCA 1979)
• Fullard v. State, 352 So. 2d 1271 (Fla. 1st DCA 1977)
• Deeb v. Division OF Administration, 352 So. 2d 1271 (Fla. 1st DCA 1977)