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Apodaca v. AAA Gas Co.3/11/2003
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Plaintiffs' fundamental problem is that the contents of the statements cannot be verified, not that the statements themselves were not authenticated. Their objections on appeal go to the reliability and trustworthiness of these statements. The record reflects, however, that the trial court overruled all of Plaintiffs' objections by finding that the entire OSHA report was admissible as a public report under Rule 11-803(H) NMRA 2003. The trial court did not abuse its discretion in finding the report sufficiently trustworthy for the jury to consider. See Cent. Sec. & Alarm Co. v. Mehler, 1996-NMCA-060, 31, 121 N.M. 840, 918 P.2d 1340 (applying abuse of discretion standard to affirm trial court's decision to admit ledger book under business records exception). The question of a document's accuracy goes to the weight of the evidence, not its admissibility. Id. 30; see also Crabtree v. Measday, 85 N.M. 20, 23, 508 P.2d 1317, 1320 (Ct. App. 1973) (stipulating to report did not estop plaintiff from explaining or denying validity or accuracy of it). Once Plaintiff waived any foundational objections to the authenticity of the OSHA file, the court correctly ruled Plaintiff could attack the validity and accuracy of the statements during cross examination or through other witnesses. Plaintiffs vigorously attacked the validity and accuracy of the statement in its examination of Velasquez and his wife. They waived the opportunity to attack the credibility of the investigators by failing to subpoena those witnesses. They cannot now complain they were prejudiced.
Competency
Plaintiffs' final challenge is that the statements should have been excluded because Velasquez's heavily medicated state at the hospital rendered him incompetent at the time he gave the statement. Preliminary questions of fact concerning the competency of a witness are determined by the court. See Rule 11-104(A); Huff v. White Motor Corp., 609 F.2d 286, 293-94 (7th Cir. 1979); see also State v. Hueglin, 2000-NMCA-106, 11, 21-22, 130 N.M. 54, 16 P.3d 1113 (limiting trial court's role to insuring witness meets minimum standard of competency under Rule 11-601 NMRA 2003). Trial courts have broad discretion to determine the competency of a witness, and that determination will be reversed only upon a showing that the court abused its discretion. See City of Santa Fe v. Komis, 114 N.M. 659, 663, 845 P.2d 753, 757 (1992) (vesting court with broad discretion to admit or exclude evidence); State v. Macias, 110 N.M. 246, 249, 794 P.2d 389, 392 (Ct. App. 1990) An abuse of discretion occurs where the court's ruling is "clearly against the logic and effect of the facts and circumstances before the court." Komis, 114 N.M. at 663, 845 P.2d at 757. Where the court's discretion is fact-based, we must "look at the facts relied on by the trial court as a basis for the exercise of its discretion, to determine if these facts are supported by substantial evidence." Lopez v. Wal-Mart Stores, Inc., 108 N.M. 259, 260, 771 P.2d 192, 193 (Ct. App. 1989). " f the facts essential to the trial court's judgment are not established by substantial evidence in the record, we will necessarily find an abuse of discretion." Id. at 261, 771 P.2d at 194; see also Baum v. Orosco, 106 N.M. 265, 269, 742 P.2d 1, 5 (Ct. App. 1987) (holding that trial court resolves contested factual issues about whether to admit evidence and no abuse occurs when there is substantial evidence to support that decision).
Plaintiffs' reply brief misstates the applicable standard as a question of law. However, the case cited, Dick v. City of Portales, 118 N.M. 541, 883 P.2d 127 (1994), is not applicable to the question of a witness's competency. Dick discusses the question of
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