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McPherson v. Lake Area Medical Center5/24/2000
determination of the fourth inquiry:
Admitting cumulative expert testimony not excludable on other grounds requires its fulfilling three conditions. The first condition questions the relevance of the testimony to be elicited. The second seeks to ascertain that the fact finder will be aided by the testimony. The third, balancing the probative value of this testimony against substantial prejudice, confusion, or inefficiency, guards against undue removal of reason from the fact finding process, as well as waste. Want of any of the three is fatal to admission of an expert's unbridled testimony.
The first condition imposes only a minimal threshold since all relevant evidence is admissible in Louisiana except as otherwise provided by specific constitutional or legislative pronouncements, including the Code of Evidence. LSA-C.E. art. 402.
LSA-C.E. art. 401 reads as follows:
Art. 401. Definition of "relevant evidence"
"Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
The second condition applies only to expert testimony. Grounded in LSA-C.E. art. 702, it concerns whether the specialized knowledge elicited from the expert will assist the trier of fact to understand the evidence or to determine a fact in issue. The need to comply with this condition represents a significant departure from the law prior to enactment of the Code of Evidence, insofar as previously the inquiry was limited only to asking whether the evidence offered by the expert was "obtained only by means of special training or experience," not whether it would be of actual benefit to the fact finder. See LSA-C.E. art. 702, Comment (a) and 3 J. Weinstein and M. Berger, Weinstein's Evidence p 702 (1981), which it cites. See also, e.g., Hunnicutt v. Kent, 434 So.2d 91, 94 (La.App. 5th Cir.1982), writ denied, 435 So.2d 442 (La.1983).
The third condition, mandated by LSA-C.E. art. 403, is applicable to all evidence, fact or expert, and permits exclusion of evidence whose probative value is substantially outweighed by certain dangers that threaten the validity of fact finding or by considerations of judicial economy. It assumes, in fact requires, that the examined evidence is relevant and probative. Judicial administration concerns aside, the chief purpose of this condition is to ensure that the evidence does not deny the fact finder the ability to reach a conclusion based on rational grounds. Id. at 471. Clay v. International Harvester Co., 95-1572, pp.5-7 (La.App. 3 Cir. 5/8/96); 674 So.2d 398, 402-04.
We have reviewed the testimony of Dr. Caulkwood and the proffered video taped deposition testimony of Dr. Craig Smith and find the trial judge was correct in excluding it. Dr. Caulkwood's testimony mirrored the testimony Defendant sought to introduce via Dr. Smith. In fact, Dr. Caulkwood had conferred with Dr. Smith on this case and referred to Dr. Smith's opinions in his own testimony. Further, we question the relevance of Dr. Smith's testimony. His testimony, as well as Dr. Caulkwood's, dealt with causation of Mr. McPherson's injury, not the quantum of his damages. Mr. McPherson lost the vision in his left eye. The liability for that was admitted in Dr. Lewis' settlement. The only issue before the jury was how much if any, did Plaintiffs' damages exceed $100,000.00. Therefore, the only medical evidence which was relevant was evidence of any way to restore, in whole or in part, Mr. McPherson's sight and thus lessen his damage for the admitted breach of the standard of care. This alleged error is wi
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