Photos of Property Damages Admissibility Without Expert Testimony

Garvin v. Malone, 2016 Tenn. App. LEXIS 163 (Tenn. Ct. App. Feb. 26, 2016).

In this significant ruling, the Court distinguished the facts of this case from those seen in Hardeman County v. McIntyre. 420 S.W.3d 742 (Tenn. Ct. App. 2013), as it relates to the admissibility of photographic evidence depicting damages to a car after a motor vehicle accident. The case in Hardeman involved a negligence claim which arose out of a motor vehicle collision in which the defendant’s vehicle collided with an ambulance driven by the plaintiff. In that case the Court of Appeals had to determine whether the trial court abused its discretion in admitting photographs to the jury depicting damages to the defendant’s car for the purpose of establishing that the plaintiff, ambulance driver, was speeding at the time of the collision.

The Hardeman Court determined that while the record included photographs showing that defendant’s car had suffered a “substantial” impact, the record lacked any other evidence from which the jury could infer excessive speed from the circumstances. The Hardeman Court reversed the trial court’s judgment that the plaintiff, ambulance driver, was negligent, explaining that speed may not be inferred merely from photographs depicting damage to the vehicle as a result of a collision. Instead, the Hardeman Court explained that the jury must have additional evidence, such as skid marks on the road or expert testimony, to determine a vehicle’s speed.

Unlike the case in Hardeman, the Court of Appeals in Garvin v. McIntyre confirmed the trial court’s ruling in admitting photographs depicting minor damages to the rear-end of the plaintiff’s vehicle for the purpose of impeaching the plaintiff’s credibility. This case also involved a negligence claim arising out of motor vehicle accident. During the trial of the case the plaintiffs testified that when the defendant’s van rear-ended their car, it caused a “heavy impact” to their vehicle. In admitting photographs taken by the defendant of the vehicles immediately after the collision, the Court gave the jury a limiting instruction stating that the jury was only authorized to consider the photographs to impeach or contradict the testimony heard from the plaintiffs. However, the jury was instructed not to consider the photos of the vehicles to determine the correlation of the damages to the seriousness of the injuries involved.

After ruling that the defendant was not at-fault, the plaintiffs appealed, arguing that the photographs were inadmissible in the absence of expert testimony. In support of their position, the plaintiffs cited Hardeman, however the Court of Appeals affirmed the trial court’s ruling to admit the photographs, finding that this case was distinguishable from the facts seen in Hardeman. The court noted that unlike Hardeman, speed was not an issue. The Court noted that the defendant was entitled to introduce the photographs to discredit the contentions made by the plaintiffs that the vehicle collision caused a “heavy impact.”

As a result, the ruling in Garvin should open the door for defendants in motor vehicle accident lawsuits to admit photographic evidence depicting vehicle damages for the purpose of impeaching a plaintiff’s credibility, even in the absence of expert testimony.

For more information, please contact Sean W. Martin at swmartin@carrallison.com. Logan Threadgill (lthreadgill@carrallison.com), associate in the Chattanooga office assisted with this post.

News

Carr Allison Sponsors Be an Angel 2025

Carr Allison’s Jacksonville (FL) office was a proud sponsor of Be an Angel 2025, a nonprofit organization that supports children in foster care during the holiday season.  More than 15 attorneys and staff came together to raise $1,500 in donations and gifts. Through our collective generosity, nine children received every […]

Learn More

Carr Allison Announces New Shareholders and Counsel

Carr Allison congratulates the following attorneys who have been named Shareholders: J. Mark Chappell Heather M. Frederick Megan E. Harsh Megan C. Lopez Dara M. Reed George Spears Reynolds IV Mark D. Toppen Carr Allison is pleased to announce the following attorneys who have been named Counsel: Manal Abraham Betty […]

Learn More

Judson Wells Honored as 2025 President of The Mobile Bar Association

Carr Allison shareholder and retired Mobile County District Judge Judson W. Wells, Sr., was honored for his service as the 2025 President at the annual Holiday Luncheon on December 12, 2025. Judson Wells received a commemorative plaque from the association. He also passed the gavel to incoming 2026 President Mary Margaret […]

Learn More