Sears, Roebuck & Co.(Auto Dept.) v. Roque ( 1980 )

GARRARD, Presiding Judge,

concurring.

I cannot agree that we are precluded from addressing the merits of the appeal because of the inclusion of illegible copies of the photographic exhibits. I certainly concur in disapproving of this practice, but I feel the better remedy would have us simply procure the originals at appellant’s expense.

Contrary to Sears’ assertion, the newness of the tires and the manner of their failure gave rise to a permissible inference of defect. Even with the expert’s testimony, it was for the trier of fact to determine whether a defective condition in the tires was a contributing cause of the loss.

I concur in the result reached.