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Arrow International2/12/2003
y event, we hold that the prior incidents are substantially similar and therefore admissible. Our review reveals that each prior incident involved the same Arrow two-piece PSI design as was used on Long. In each case, the two pieces disconnected at the valve, causing the patient to either die or suffer injury. Many of the reports contain words to the effect that the cause of the separation was unknown, although user error or the patient pulling out his catheter were sometimes suspected.
Although appellee did not prove that the circumstances in the prior incidents matched precisely with the circumstances of this case, exact identity of circumstances is not required for admissibility of prior occurrences. See Ford Motor Co. v. Massey, supra, citing with approval Four Corners Helicopters v. Turbomeca, S.A., 979 F.2d 1434 (10 Cir. 1992). Appellee did show that the incidents were substantially similar in that they involved the unintended separation of an Arrow PSI in such a manner that death or serious injury resulted. The reports themselves contained data sufficient to conclude that, in the prior instances, a patient died or was seriously injured when, for unknown reasons the PSI separated while the patient was hospitalized. Further, whether an occurrence is substantially similar depends on the underlying theory of the case. Massey, supra. Appellee's theory was that the two-piece design was inherently dangerous and separated inadvertently. These prior incidents were introduced to show a propensity for the device to separate inadvertently. Finally, we note that appellee's theory on her punitive-damages claim was that appellant was aware of the dangerous nature of the device yet continued to market it without a proper warning being given to users. The substantial similarity requirement is relaxed when evidence of other incidents is used to show notice or awareness of a potential defect. Massey, supra. We conclude that the trial court did not abuse its discretion in admitting the prior, similar occurrences.
We turn now to Arrow's third argument regarding the trial court's decision to exclude the deposition testimony of Sue Hylton, the Risk Assessment Manager at Baptist Medical Center. Hylton stated in her deposition that Baptist decided to change from a two-piece PSI to a one- piece model because the one-piece model had a clamp on the side tube. Arrow wanted to use Ms. Hylton's testimony to rebut appellee's inference that Baptist switched from a two-piece PSI to a one-piece unit as a result of Long's death. Appellee objected on the basis of hearsay. The trial court read the deposition and made a page-by-page ruling as to what parts of the deposition he would exclude. Arrow contends that the trial court, by these rulings, prevented it from offering Hylton's testimony regarding the reason for the hospital's switch to a one-piece device. In particular, Arrow argues that Hylton's statements were not hearsay and that her deposition was admissible under Ark. R. Civ. P. 32.
As appellee points out, and our review confirms, the trial court in fact did not exclude all the portions of Hylton's deposition that explained the hospital's switch to a one-piece unit. The trial court did not exclude all portions of Hylton's deposition explaining her desire to switch to a device with a thumb clamp. Thus, nothing in the trial court's ruling prohibited Arrow from utilizing a pertinent part of Hylton's testimony, and Arrow is therefore unable to demonstrate prejudice. We will not reverse a trial court's evidentiary ruling absent a showing of prejudice. Belz-Burrows v. Cameron Constr. Co., 78 Ark. App. 84, 778 S.W.3d 126 (2002).
Finally, we address Arrow's argument that its conduct did not merit an a
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