How have courts treated prior injury evidence in a civil case?

Henderson complains about the court's instruction to the jury that it was to consider the prior injury evidence only to determine whether it "tends to prove lack of accident or mistake." Such an instruction was approved in Estelle v. McGuire, 112 S.Ct. 475, 479 (1991). It was not error to give it here.

Henderson argues that the police failure to preserve evidence violated his right to due process. Failure to preserve potentially exculpatory evidence does not constitute denial of due process "unless a criminal defendant can show bad faith on the part of police." Arizona v. Youngblood, 488 U.S. 51, 58 (1988).