GOMACO CORPORATION, APPELLANT,
v.
MICHAEL J. FAITH AND BONNIE L. FAITH, APPELLEES
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Gomaco Corporation appeals a jury verdict awarding damages to employees injured by a defective curbing machine. The appellate court reverses and orders a new trial, finding that gruesome and inflammatory photographs of the plaintiff's severe foot injuries were unfairly prejudicial despite minimal relevance to the case.
The court held that while the photographs may have been tangentially relevant, their gruesome and inflammatory nature overwhelmingly outweighed their probative value under Florida's evidence rules. Because the photographs were not independently necessary to establish material facts or corroborate disputed issues, their highly inflammatory nature likely permeated the entire case to the prejudice of appellant, requiring reversal and a new trial.
[1] Gruesome and inflammatory photographs must be relevant to an issue required to be proved in a case.
[2] The relevance of gruesome and inflammatory photographs must not be substantially outweighed by the danger of unfair prejudice.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Photographs that are gruesome, offensive and/or inflammatory must be relevant to an issue required to be proved in the case.”
Establishes the governing legal standard for admissibility of inflammatory photographs
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Join FLexlaw to unlock all legal intelligenceMichael J. Faith, an employee of Dolphin L & S Company, was operating a curbing machine manufactured by Gomaco when he suffered severe injuries result…
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CAMPBELL, Chief Judge.
Appellant, Gomaco Corporation, appeals the final judgment entered pursuant to a jury verdict awarding damages and costs to appellees, Michael J. Faith and his wife, Bonnie L. Faith. We reverse for a new trial on the issues of liability and damages.
Appellee, Michael J. Faith, an employee of Dolphin L & S Company, was operating a curbing machine manufactured by appellant, Gomaco, when he suffered severe injuries resulting in the partial amputation of his foot by subsequent surgery. Appel-lees’ actions against appellant alleged negligence, strict liability and breach of an implied warranty of merchantability. While appellant raises several issues in this appeal, we find merit and therefore reverse for a new trial only in regard to photographs introduced by appellees which we find overwhelmingly prejudicial to appellant. The offensive photographs introduced by appellees were particularly gruesome and inflammatory pictures of appel-lee Michael Faith’s nearly severed foot taken shortly after the accident and prior to surgery. They were introduced during the testimony of the surgeon who performed the operative procedures on appellee Michael Faith’s foot. The photographs were taken prior to surgery at the request of the surgeon who testified that the photographs would assist him in describing to the jury the surgical procedures that were necessary and the extent of the injuries to appel-lee Michael Faith.
Photographs that are gruesome, offensive and/or inflammatory must be relevant to an issue required to be proved in the case. Welty v. State, 402 So. 2d 1159 (Fla.1981). While the photographs may have been tangentially relevant to appel-lees’ case, their relevance is overwhelmingly outweighed by their gruesome and inflammatory nature. § 90.403, Fla.Stat. (1987). The photographs do not in themselves independently establish any material part of appellees’ case nor were they necessary to corroborate some disputed factual issue. Because we cannot determine that the highly inflammatory nature of the photographs did not permeate the entire case to the prejudice of appellant, we must reverse and remand for a new trial on all issues.
Appellant raises other evidentiary issues which we find unnecessary to address inasmuch as we cannot determine in advance of retrial in what manner or on the basis of what predicate those matters may again arise. We simply caution the parties that where evidence is offered as an exception to established rules regarding admissibility of evidence, the predicate for the exception must be clearly shown.
Reversed and remanded for new trial.
RYDER and SCHOONOVER, JJ., concur.
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Hobart Corp. v. Siegle, 600 So. 2d 503 (Fla. 3d DCA 1992)…se of discretion in permitting the testimony. See Losar, 436 So. 2d at 236; see also Sims v. Brown, 574 So. 2d 131 (Fla.1991); Trees v. K-Mart Corp., 467 So. 2d 401 (Fla. 4th DCA), review denied, 479 So. 2d 119 (Fla.1985); cf. Gomaco Corp. v. Faith, 550 So. 2d 482 (Fla. 2d DCA 1989), review denied, 558 So. 2d 18 (Fla.1990). Furthermore, the court’s exclusion of evidence of the absence of reported accidents involving the product model that Allan was using does not merit reversal. The court did not abuse its di…
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Perez v. State, 595 So. 2d 1096 (Fla. 3d DCA 1992)…(characterized by the state as pornographic yet described as “lawful” by the trial court) on the day after the incident. The magazines were not relevant to the issues at trial and, therefore, should not have been admitted. See Gomaco Cory. v. Faith, 550 So. 2d 482 (Fla. 2d DCA) (inflammatory photographs must be relevant to issue required to be proved), rev. denied, 558 So. 2d 18 (Fla.1989). See also Page v. Zordan, 564 So. 2d 500 (Fla. 2d DCA 1990) (error to admit evidence that defendant possessed pornographi…
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Authorities Cited
- Welty v. State, 402 So. 2d 1159 (Fla. 1981)