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Gorostieta v. Parkinson12/15/2000
hat Parkinson rested at 2:37 p.m. Consequently, the court denied the Gorostietas' motion, and thus, the Gorostietas failed to introduce evidence pertaining to incurred medical expenses.
After presentation of jury instructions and closing arguments, the jury retired for deliberations. A verdict was returned that awarded the following:
Special Damages
A. Past Special Damages: (Actual costs incurred) $0
B. Future Special Damages: (Actual future costs to be incurred) $3300.00
General Damages: (Pain, suffering, and permanent disability) $15,000.00
Total $18,300.00
The jury attributed 35% of the fault to Dalinda and 65% to Parkinson. The Gorostietas' judgment was thereby reduced by 35% to reflect Dalinda's portion of fault.
The Gorostietas appeal this judgment and argue that (1) the trial court erred in refusing to allow Dalinda's mother to testify as to the amounts of the medical bills she incurred for Dalinda's care; and (2) the trial court further erred in giving jury instructions 16, 21, 22, 24, 25, 27, and 28 and in omitting a sentence from a requested jury instruction that had been taken from a statute.
Parkinson contends that the notice of appeal was not timely filed because the Gorostietas did not timely submit filing fees and this court therefore lacks jurisdiction. In addition, Parkinson argues that the Gorostietas did not timely file a docketing statement and thus the appeal should be dismissed. Furthermore, Parkinson argues that if we assert jurisdiction and do not dismiss, (1) the trial court did not err in refusing to allow Dalinda's mother to testify as to the amounts of the medical bills incurred because such testimony would have been hearsay offered to prove the truth of the amounts contained in the bills, and (2) the jury instructions given covered all aspects of the applicable law and there was no prejudicial error in excluding the language complained of.
STANDARD OF REVIEW
"The admissibility of an item of evidence is a legal question." Jensen v. Intermountain Power Agency, 1999 UT 10, 12, 977 P.2d 474. However, the trial court has a great deal of discretion in determining whether to admit or exclude evidence, and its ruling will not be overturned unless there is an abuse of discretion. See id. at 12, 14; State v. Pena, 869 P.2d 932, 938 (Utah 1994); State v. Sutton, 707 P.2d 681, 684 (Utah 1985).
In addition, " trial court's ruling concerning a jury instruction is reviewed for correctness." Butler v. Naylor, 1999 UT 85, 10, 987 P.2d 41. The ruling does not constitute reversible error, however, unless the error is harmful and prejudicial. See id. at 10.
ANALYSIS
As an appellate court, our "power of review is strictly limited to the record presented on appeal." Van Cott v. Wall, 53 Utah 282, 296, 178 P. 42, 48 (1918) (on application for rehearing). "Parties claiming error below and seeking appellate review have the duty and responsibility to support their allegations with an adequate record." State v. Wetzel, 868 P.2d 64, 67 (Utah 1993); see also Utah R. App. P. 11(e)(1)-(2). The record in this case contains only partial transcripts. As such, where we are without an adequate record, we must assume the regularity of the proceedings below. See Wetzel, 868 P.2d at 67.
I. NOTICE OF APPEAL
Parkinson contends that the notice of appeal was not timely filed because the Gorostietas did not timely pay the filing fee. Therefore, she contends that we are without jurisdiction to hear this matter. Parkinson relies on rule 3(f) of the Utah Rules of Appellate Procedure for h
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