Rowe v. Goldberg

435 N.W.2d 605, 1989 Minn. App. LEXIS 157, 1989 WL 10395
CourtCourt of Appeals of Minnesota
DecidedFebruary 14, 1989
DocketCX-88-1156
StatusPublished
Cited by4 cases

This text of 435 N.W.2d 605 (Rowe v. Goldberg) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rowe v. Goldberg, 435 N.W.2d 605, 1989 Minn. App. LEXIS 157, 1989 WL 10395 (Mich. Ct. App. 1989).

Opinions

[606]*606OPINION

SCHUMACHER, Judge.

This is an appeal from the denial of a motion for a new trial based on claims of evidentiary errors, the limiting of the scope of expert testimony, and the failure of the trial court to give a requested jury instruction. We affirm.

FACTS

Appellant Helen Rowe was employed by respondent Ruth K. Goldberg as a housekeeper. Rowe cleaned Goldberg’s home two times each month for eighteen months. On June 7, 1979, as she was leaving for the day, Rowe fell on the stairs at Goldberg’s home. At the time of the.fall, Rowe was carrying her cleaning supplies and her purse. She was blind in her left eye. Rowe testified that as she was leaving, she was distracted by Goldberg who had offered to help her. Goldberg testified that Rowe told her that she was in a hurry, that she could handle carrying the supplies herself, and that she was concerned that she would be late to pick up her husband. Rowe claims that as she stepped down the stairs, she sensed someone near. She felt this distraction disturbed her concentration, caused her to turn, lose her balance, and fall.

At trial, the jury found by special verdict that Rowe was 90% negligent, that Goldberg was 10% negligent, and total damage in the amount of $107,772. Rowe moved for a new trial alleging that the trial court had erred in excluding expert testimony, admitting evidence of a prior fall, admitting evidence of dizziness and light-headedness, and failing to give requested instructions.

ISSUES

1. Did the trial court err in admitting evidence of a prior fall, and medical testimony relating to Rowe's complaints of lightheadedness?

2. Did the trial court err in limiting the scope of expert testimony?

3. Did the trial court err in refusing to give a requested jury instruction?

ANALYSIS

1. Evidentiary rulings are within the discretion of the trial court, and will not be reversed unless there has been a clear abuse of discretion. Jenson v. Touche Ross & Co., 335 N.W.2d 720, 725 (Minn.1983). Rowe argues that the trial court erred in allowing testimony concerning a prior fall, and complaints of lightheadedness. We find no abuse of discretion on either count.

Rowe had a previous fall in 1977. The court overruled a relevancy objection made by appellant regarding the admission of a medical record pertaining to this fall. The medical record revealed that Rowe’s left ankle was swollen and tender at the time of examination. Rowe was given an ace bandage, and sent home. Rowe testified that she was able to return to work the next day.

We conclude that if the trial court erred, it was harmless error. Clearly, the jury could appreciate that the ankle injury did not affect the injury which she suffered to her left hip in 1979.

A video deposition containing the testimony of appellant’s doctor, Dr. Leslie, was introduced at trial. Prior to admission, the trial court had reviewed the video in chambers, and overruled Rowe’s objection to testimony regarding lightheadedness.

Dr. Leslie was questioned during direct examination about the care and treatment of Rowe from 1977 through 1986. He was taken through the same chronology on cross examination, and testified about several medical examinations of Rowe by other doctors. Dr. Leslie testified on cross examination that on June 4, 1982, Rowe was seen by Dr. Phillip Price, and at that visit she reported that she sometimes felt lightheaded, and that on May 24, 1982, she had tripped and fallen striking her sternum. Dr. Leslie next testified that on July 18, 1985, Dr. Gmitro examined Rowe, and on that date she reported that she experienced some kind of flashing light sensation, extreme lightheadedness, and had fall[607]*607en on one occasion. Dr. Leslie examined Rowe on September 30, 1985, and testified that on that date, she reported another falldown incident due to lightheadedness.

On re-direct examination, Rowe’s attorney asked Dr. Leslie to explain the cause of Rowe’s lightheadedness, and he explained that this was a side effect of high blood pressure medication (Minipress) which she had been taking. We cannot conclude that there was an abuse of discretion in the admittance of the evidence of lightheadedness.

The evidence of Rowe’s own negligence was substantial. She testified to the following: her continuous familiarity with the stairs over eighteen months, that she knew the stairs were dangerous, that she was distracted as she was leaving, that she was in a hurry to pick up her husband, and that she was carrying a vacuum and other bulky items. The admission of the prior fall, and testimony regarding lightheadedness was, if error, harmless, and we cannot conclude that the admission of this evidence played a substantial part in influencing the jury to apportion the negligence as they did. See State v. Billington, 241 Minn. 418, 427, 63 N.W.2d 387, 392-93 (1954) see also Minn.R.Evid. 103(a). Here, the evidence amply supports the jury’s findings.

2. Next, Rowe argues that the trial court erred in limiting the testimony of an expert. The trial court has broad discretion in deciding whether testimony from a qualified expert should be received. Sorensen v. Maski, 361 N.W.2d 498, 500 (Minn.Ct.App.1985). Further, the Minnesota Supreme Court in State v. Helterbridle, 301 N.W.2d 545, 547 (Minn.1980) stated:

If the subject of the testimony is within the knowledge and experience of a lay jury and the testimony of the expert will not add precision or depth to the jury’s ability to reach conclusions about that subject which is within their experience, then the testimony does not meet the helpfulness test.

Here, the expert was allowed to show the jury photographs of the steps with measurements, and also play a video tape of the steps while he walked up and down the steps. He further testified regarding what changes could be made to modify the pattern of ingress and egress.

Rowe argues that the trial court erred in refusing to allow the expert to testify that based on the Uniform Building Code and the Life Safety Code that existed at the time of the accident, the steps did not conform to minimum industry standards, and that therefore, the steps were unsafe and hazardous. The trial court limited the testimony of the expert for the following reasons:

One of the reasons, in reference to the code situation, is that although they had been in effect at the time of the accident, there’s no showing that they were at the time the staircase was constructed or that the owner of the premises could be compelled to change or reconstruct or, if you want to say, “repair” that particular situation on the basis of enforcement of the code itself. Apparently the building was grandfathered, so-to-speak. * * * And one of the reasons for the Court’s ruling, too, is the fact that the photograph of the actual scene of the accident, the stairway, is such as to clearly indicate the situation * * *. He can testify within limitations set out by the Court.

In so ruling, the trial court did not abuse its discretion.

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Rowe v. Goldberg
435 N.W.2d 605 (Court of Appeals of Minnesota, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
435 N.W.2d 605, 1989 Minn. App. LEXIS 157, 1989 WL 10395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowe-v-goldberg-minnctapp-1989.