Evidence & Damages — Exclusion of Drug-Use Evidence in Wrongful Death Actions

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Mendoza v. Phillips; Phillips v. Mendoza, [A25A1156, A25A1157, Nov. 3, 2025] __ S.E.2d __ (Ga. Ct. App. 2025). The court (Barnes, P.J.; Brown, C.J., and Watkins, J., concur) affirmed.

The court held that evidence of the decedent’s alleged drug use was properly excluded because, absent expert testimony establishing its impact on life expectancy or the value-of-life assessment, the evidence lacked relevance under OCGA §§ 24-4-401 and 24-4-402, and its minimal probative value was substantially outweighed by the danger of unfair prejudice under OCGA § 24-4-403. Ms.**8-10.

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