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Although the expert testimony at trial indicated that the scar tissue on Janusz’s face was caused by the results of the surgery rather than the scarring from the 2000 accident, the photographs were highly probative because the jury could have concluded that they showed the effects of what he claimed was the pain he suffered from the 2000 accident. The photographs were also relevant to the subject of the complaint, because Janusz claimed that the scarring resulted from the surgery and because, he claimed, the scarring resulted in pain, the same pain that he had claimed resulted from the 2000 accident. The photographs were not irrelevant simply because they related to a claim that did not relate to the current claim. We discern no error in the trial court’s admission of the photographs.
Although we hold that the admission of the photographs was not error, the photographs themselves were prejudicial. The admissibility of the photographs would have been subject to a Rule 403 analysis. On the basis of that analysis, we cannot say that the trial court’s exercise of its discretion to admit the photographs was not an abuse of that discretion. See Willingham, supra. We cannot say, however, that the admission of the photographs, even if error, would constitute reversible error. In fact, while the photographs were shown to the jury, the trial court cautioned the jury to “not prejudge” the case and admonished it to consider the https://dsdp.site/it/?p=1911
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