Opinion
No. 2014AP2115.
2015-04-30
Philip BLANK, Plaintiff–Appellant, Beatrice Blank, Plaintiff, v. CLINTONVILLE MINI MART d/b/a Amrala Enterprises, Inc., West Bend Mutual Insurance Company and Azure Enterprises, LLC, Defendants–Respondents, Department of Health and Human Services, United Healthcare Insurance Company and Air Force Claims & Tort Litigation Division, Subrogated, Defendants.
Given the admission of photographs taken within two weeks of the incident in 2010 and Blank's own testimony about the condition of the joint at the time of the incident in 2010, the 2013 and 2014 photographs and measurements were not “substantially necessary or instructive to show material facts or conditions.” See Gustin, 36 Wis.2d at 204, 153 N.W.2d 70. Wagner v. Peiffer, 259 Wis. 566, 571–72, 49 N.W.2d 739 (1951) (emphasis added) (quoted source omitted); see also Featherly, 73 Wis.2d at 283, 243 N.W.2d 806; Gustin, 36 Wis.2d at 204, 153 N.W.2d 70. Thus, Blank fails to persuade us that the decision whether to admit photographs is a special category of evidentiary decision that is subject to a standard other than that which we have described above.