Liimatta v. Vest

45 P.3d 310, 2002 Alas. LEXIS 44, 2002 WL 538943
CourtAlaska Supreme Court
DecidedApril 12, 2002
DocketS-9289, S-9320
StatusPublished
Cited by36 cases

This text of 45 P.3d 310 (Liimatta v. Vest) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Liimatta v. Vest, 45 P.3d 310, 2002 Alas. LEXIS 44, 2002 WL 538943 (Ala. 2002).

Opinions

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

We consider here various evidentiary rulings in a case arising out of a collision between a personal injury plaintiff's bicycle and the defendant's truck Because it was an abuse of discretion to exclude evidence of the plaintiff's pre-accident drug-seeking behavior, and because the error was prejudicial, we reverse the judgment against the defendant and remand for a new trial.

II. FACTS AND PROCEEDINGS

On July 2, 1997 a truck driven by Into Liimatta collided with a bicycle ridden by Deborah Vest. Vest suffered a broken right clavicle, trauma to her teeth and face, an avulsion fracture of her left wrist, and bruises and abrasions on the right side of her body. Vest sued Liimatta, seeking damages for past and future medical expenses, lost earnings, severe impairment, disfigurement, and noneconomic losses including pain and suffering, emotional distress, loss of enjoyment of life, fear, embarrassment, humiliation, and inconvenience. The jury returned a verdict awarding Vest damages of $97,287.26. On April 12, 1999 the superior court entered a final judgment of $119,219.91 against Lii-matta. Liimatta appeals and Vest cross-appeals.

[313]*313III. DISCUSSION

A. Standard of Review

We review a trial court's "decision to admit or exclude evidence for abuse of discretion."1 We find an abuse of discretion only when "left with a definite and firm conviction, after reviewing the whole record, that the trial court erred in its ruling.2

We review the superior court's set-off decision " 'de novo, adopting the rule of law that is most persuasive in light of precedent, reason, and policy' "3 The date when "prejudgment interest begins to accrue is a question of law which we review using our independent judgment."4

B. It Was an Abuse of Discretion to Exclude Evidence of Vest's Pre Accident Drug Seeking Condition.

Vest's medical history contains numerous references to drug-seeking behavior.5 Vest moved in limine to exclude evidence of her drug-seeking behavior. The trial court ruled that evidence of Vest's post-accident drug-seeking behavior was admissible, stating:

I can see that there are all sorts of relevancy issues here.
It refutes the claim of pain and suffering. That means-what that means is she really wasn't in pain, she was just seeking drugs when she went to these doctors and got these medications. It refutes the extent of her injuries: that is, these injuries are just a minor matter compared to the-her real motive, and that was to go get these drugs. And it increases her-the medical expenses exponentially, not for legitimate treatment for actual injuries, but because she's running around getting drugs from various doctors.
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... And I think there's sufficient relevancy here to ... outweigh the prejudice that's caused by this kind of information coming in.

But the trial court nonetheless excluded evidence of Vest's pre-accident drug-seeking behavior, reasoning that it was "redundant, repetitious, and highly prejudicial." Thus, the trial court apparently applied Alaska Evidence Rule 408, which provides: "Although relevant, evidence may be excluded if its probative value is outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence."

1. The danger of unfair prejudice did not outweigh the probative value of the evidence of Vest's pre-accident drug-seeking behavior.

When reviewing the exelusion of evidence under Evidence Rule 408 as unfairly prejudicial, we first "consider the relevance of the {[exeluded evidence] and then determine whether its prejudicial effect so outweigh[s] its probative value that admission by the trial judge constitute[s] a 'clear abuse of discretion. " 6

Liimatta argues that evidence of Vest's pre-accident drug-seeking behavior was highly relevant to damages, credibility, and causation. We agree.

Evidence of Vest's pre-accident drug-seeking behavior was highly relevant to Vest's claim for the loss of enjoyment of life. In Ocasio v. Amtrak, the plaintiff sued Am[314]*314trak for injuries sustained when a train struck him while he was walking on elevated railroad tracks.7 In addition to seeking damages for past and future medical expenses, the plaintiff sought to recover for the loss of enjoyment8 of The defendant offered evidence at trial that the plaintiff had a ten-year history of drug abuse problems involving cocaine, heroin, and alcohol which had continued until the accident.9 The trial court excluded the evidence, stating that its prejudicial effect outweighed its probative value with respect to the plaintiff's claim for loss of enjoyment of life.10 On appeal, the Superior Court of New Jersey, Appellate Division, reversed, holding that "a jury assigned the responsibility of determining the value of a loss of enjoyment of life should have had the opportunity to consider evidence that [a plaintiff's] mental and physical functions, customary activities and capacity to enjoy the pleasures of life were already restricted by a long-term addiction to drugs."11 Similarly, evidence of Vest's pre-accident drug-seeking behavior was highly relevant to her claim for the loss of enjoyment of life.

This evidence was also highly relevant to causation, because it would have helped the jury distinguish between medical expenses attributable to Liimatta's negligence and medical expenses attributable to Vest's drug-seeking behavior. For example, Liimatta correctly notes that

Vest claimed fees for the second, third and fourth opinions she sought for a shoulder surgery referral, despite the fact that all four opinions recommended against surgery. In assessing whether these repeated consultations were caused by the accident or caused by her drug-seeking condition, the jury would have to consider the true extent of her drug-seeking condition as it existed then, and not just the relatively minimal evidence in the short time between the date of the accident and these visits. The same applies to any of her post-accident medical care requests; the extent of Vest's drug-seeking condition was probative to the cause of each pain complaint and request for medication.

Evidence of Vest's pre-accident drug-seeking behavior was also relevant to her credibility. Vest testified at trial that she had not had a problem with addiction to pain medication before the accident. Thus, evidence of Vest's pre-accident drug-seeking behavior would have directly impeached her testimony. Vest's credibility was particularly relevant, because a critical trial issue was the legitimacy of Vest's post-accident subjective pain complaints; her credibility when testifying might have shed light on the credibility of her subjective complaints. Evidence of pre-accident drug-seeking behavior was also relevant to the credibility of Vest's expert witness. It would have tended to impeach Vest's expert, Dr.

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Bluebook (online)
45 P.3d 310, 2002 Alas. LEXIS 44, 2002 WL 538943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liimatta-v-vest-alaska-2002.