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Brunt v. Stoddard12/28/2001
e rebuttal testimony sought to explain the obvious discrepancy in the doctors' opinions as to the relationship of the accident to Van Brunt's injuries that manifested themselves for months after the accident and necessitated complex and serious surgeries. We find no abuse of the district court's discretion in admitting Doctor Selznick's testimony that the defense claimed was improper rebuttal.
Stoddard argues that the summaries of medical bills and medical records identified as Plaintiff's Exhibits A and B were admitted without foundation showing that the treatment was reasonably related to the accident and that the amounts of the bills were reasonable for the services provided. For the first time on appeal, Stoddard argues that the invoices from the medical care providers are inadmissible hearsay. Because an objection that is not raised before a lower court will not ordinarily be considered on appeal, we do not address the hearsay objection. See Idaho State Ins. Fund By and Through Forney v. Turner, 130 Idaho 190, 938 P.2d 1228 (1997); Hoppe v. McDonald, 103 Idaho 33, 644 P.2d 457 (1982).
I.R.E. 1006 provides for the admission of a summary, if the originals are made available for examination. As part of the rule, the underlying documents upon which the summary relies must be shown to have been admissible. State v. Barlow, 113 Idaho 573, 746 P.2d 1032 (Ct.App.1987). Ordinarily, testimony by the patient or by the physician or the health care provider on the amounts charged or paid for medical services is sufficient evidence of the reasonable value of the services in the absence of some showing to the contrary. Farmer v. Internationat'l Harvester Co., 97 Idaho 742, 745, 553 P2d 1306, 1309 (1976). Moreover, where the record reveals direct testimony that the injuries and resulting medical expense incurred after the accident were proximately caused by the injuries received in the accident, there is no error in the admission of the medical bill and treatment summaries. See id. We conclude that the district court properly admitted Van Brunt's testimony relating to the medical expense summary that he had prepared, and we uphold the district court's determination that there existed a sufficient factual basis to support the admission of these summaries.
II. MISTRIAL MOTION
Stoddard claims he was denied a fair trial because of repeated references to insurance made by plaintiff's testifying physician, in violation of an earlier in limine order issued by the district court. He claims error in the district court's denial of the defense's motion for mistrial based on the insurance references.
The decision whether to declare or deny a mistrial is a matter within the discretion of the trial judge if the court determines that an occurrence at trial has prevented a fair trial. I.R.C.P. 47(u). The district court found that Doctor Selznick on direct examination had inadvertently referred to the defense's expert witness as an insurance doctor who did not treat patients but only testified for the defense in court. The district court concluded that Doctor Selznick's slip of the tongue was not such as to interfere with defendant's right to a fair trial. Although the appellant's brief paints a picture of repeated references to insurance before the jury, the record belies that characterization. Doctor Selznick misspoke only the one time, giving his opinion that Doctor Knoebel does strictly insurance exams. He was admonished by the district judge, who then instructed the jury to disregard Doctor Selznick's comment. We conclude that the district court perceived the issue as one of discretion, acted within the boundaries of that discretion, and made its decision by an exercise of reaso
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