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State Farm Mutual Auto. Ins. Co. v. Enrique, 2010 WL 3448534 (Del. Supr.).

In this case, the Supreme Court applied its holding in Davis v. Maute, 770 A.2d 36 (Del. 2001) in affirming the trial court's admission into evidence of photographs depicting the Plaintiff's vehicle. Plaintiff moved for admission of photographs of Plaintiff's vehicle to demonstrate to the jury that Plaintiff's knees hit the dash board as a result of the subject automobile accident. The sole issue for trial was damages. Defendant argued that the photographs should not be admitted because they did not challenge whether Plaintiff's knees hit the dashboard and that the only issue for trial was severity of damages, not whether Plaintiff's knees struck the dashboard. The Court affirmed the trial court's decision admitting the photographs for the purpose of supporting Plaintiff's burden to establish prima facie evidence for recovery as to all elements of her claim. The Court further held that the trial court's limiting instruction to the jury in considering the photographs was sufficient to cure any potential prejudice to the Defendant.

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