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Lawskills.com Georgia Caselaw
TEAL et al. v. PARRISH et al.
67458.
BANKE, Judge.
Wrongful death. Carroll Superior Court. Before Judge Smith.
This appeal follows a jury verdict for the defendant physician and hospital in an action to recover for the alleged wrongful death of the plaintiffs' newly born son. The sole enumeration of error concerns the trial court's refusal to admit in evidence three photographs of the infant taken as he lay in a casket.
Three other photographs of the infant, which had been taken at the hospital after his death, were admitted into evidence. Although not evident from the copies in the record before us, the plaintiffs assert that the excluded photographs reveal red marks and indentations on the baby's head which are not apparent in the other photographs. The excluded photographs were initially offered by the plaintiffs to show damages but were later offered as evidence that the negligent use of forceps had contributed to the baby's death. Held:
Sunnyland Foods, 142 Ga. App. 7 (1) (234 SE2d 821) (1977). We find no abuse of discretion in this case.
David H. Tisinger, Thomas E. Greer, for appellees.
Anne E. Meroney, for appellants.
DECIDED DECEMBER 5, 1983.
Thursday May 21 20:21 EDT


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