Barnyard Justice

 

Civil action for libel. The complaint alleges that P is a general surgeon and D is a photographer specializing in novelty photos. D refused to pay P for plastic surgery after the incision went awry when P sneezed. In addition, D threatened other retaliatory measures, and when P returned to his office in downtown Philadelphia one day, he was greeted by a huge photograph on a billboard depicting a barnyard scene that included P's head attached to the body of a jackass. At trial, P is the first witness. He is asked to describe the photograph. D objects.

What ruling and why?



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