Auttika Taing v. Braisted

195 A.3d 534, 456 N.J. Super. 465
CourtNew Jersey Superior Court Appellate Division
DecidedOctober 23, 2017
DocketDOCKET NO. L-002689-15
StatusPublished
Cited by2 cases

This text of 195 A.3d 534 (Auttika Taing v. Braisted) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Auttika Taing v. Braisted, 195 A.3d 534, 456 N.J. Super. 465 (N.J. Ct. App. 2017).

Opinion

MARCZYK, P.J.Cv.

*467The issue before the court is whether, in the context of an automobile negligence case, defense counsel can question plaintiff about whether the airbags deployed in his vehicle at the time of the accident. It does not appear that any courts in New Jersey have previously addressed this issue. For the reasons set forth below, the court has determined this line of inquiry is improper in the absence of expert testimony.1

Plaintiff, Auttika Taing (hereinafter "plaintiff"), filed an in limine motion to bar defendant, James Braisted (hereinafter "defendant"), from questioning plaintiff about whether or not the air bags deployed in his vehicle at any time during the course of the subject accident. Plaintiff's argument was essentially two-fold. Initially, plaintiff's counsel contended that plaintiff's vehicle, which was a 1996 model, was not equipped with side airbags and the collision involved a side impact. There was no sworn testimony or other evidence, however, presented to the court regarding whether the car had airbags. More importantly, plaintiff argued that even if the vehicle had air bags, the question is improper because it is an attempt by defendant to suggest to the jury that the impact between the vehicles was minor given that the airbags did not deploy. Plaintiff asserted that the jury should not be able to consider this issue in the absence of expert testimony.

Defendant argued the issue of whether the airbags deployed was analogous to the use of photographs in an automobile negligence case as permitted by Brenman v. Demello, 191 N.J. 18, 921 A.2d 1110 (2006). Defendant contended that the jury should be able to consider whether or not the airbags deployed in their evaluation of the force of the impact from the subject accident in much the same way a jury is permitted to view photographs of *468damaged vehicles that were involved in an accident to evaluate plaintiff's injuries.2 *536DISCUSSION

The first issue the court must address is whether the deployment of airbags is relevant to determine if plaintiff sustained an injury in an automobile negligence action. Any evidence presented at trial must be relevant. "[R]elevant evidence means evidence having a tendency in reason to prove or disprove any fact of consequence to the determination of the action." N.J.R.E. 401. In determining whether evidence is relevant, the inquiry focuses upon "the logical connection between the proffered evidence and a fact in issue." State v. Hutchins, 241 N.J. Super. 353, 358, 575 A.2d 35 (App. Div. 1990). That is, relevance has to do with whether the evidence proffered "renders the desired inference more probable than it would be without the evidence." State v. Davis, 96 N.J. 611, 619, 477 A.2d 308 (1984) (quoting State v. Deatore, 70 N.J. 100, 116, 358 A.2d 163 (1976) ). To say that "evidence is irrelevant in the sense that it lacks probative value" means that it "does not justify any reasonable inference as to the fact in question." State v. Allison, 208 N.J. Super. 9, 504 A.2d 1184 (App. Div. 1985)

*469(quoting McCormick on Evidence § 185 at 544 (3d ed. 1984) ). Conversely, if evidence does support the existence of a specific fact, even obliquely, it is relevant and admissible. Verdicchio v. Ricca, 179 N.J. 1, 33-34, 843 A.2d 1042 (2004).

The relevance of whether or not airbags activated in a particular accident is a recurring issue in automobile negligence cases. At times, the issue is raised by plaintiffs to demonstrate there was a significant impact from the accident. More commonly, however, it is defendants who seek to raise the issue to demonstrate the accident was relatively minor as was the case in the matter at bar. In the court's view, the deployment of the airbags could be relevant depending on the facts of the case and how the evidence is presented. For example, if plaintiff alleged there was a significant impact in an accident where both plaintiff's vehicle and defendant's vehicle were involved in a head-on-collision under circumstances in which it was agreed that the airbags on plaintiff's vehicle were designed to deploy if the vehicles were traveling as fast as the plaintiff alleged, but the airbags failed to deploy, it may very well be relevant. Arguably, the failure of the airbags to deploy could be said to raise an inference that one or both of the vehicles were not traveling as fast as plaintiff alleged. This, in turn, could be relevant to the jury in assessing plaintiff's credibility and damages. In short, there could be circumstances in which the failure of the airbags to deploy renders the desired inference more probable than it would be without the evidence. However, the problem with the above hypothetical, and the way this issue is often raised in court, is that there is generally no agreement between the parties that the airbags should have deployed in a particular accident because there are too many variables that are typically not addressed in order to *537provide a proper foundation for this evidence to be admitted.

In the court's view, in order for evidence to be presented to the jury concerning the failure of the airbags to deploy, defendant must present competent expert testimony addressing the different variables at play in these situations. Whether or not the airbags *470

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Cite This Page — Counsel Stack

Bluebook (online)
195 A.3d 534, 456 N.J. Super. 465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/auttika-taing-v-braisted-njsuperctappdiv-2017.