In testimony before trial, Davis indicated he had taken photographs immediately after the accident of all sides of the truck, but the photos failed to materialize. In charging the jury, Judge Edwards included a missing photographs charge that would allow to jury to infer if they wished that the photographs might not have supported the plaintiff’s claim. The jury found comparative liability, attributing 40 percent fault to the plaintiff and 60 percent to the defendant, in the trial that will proceed to the damages phase in October at Kings County Civil Term. Court reporter Evelyn Klein recorded the proceedings......MORE
