 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Harvest v. Craig5/30/2002
lt from a clear abuse of discretion and prejudice results. Gemstar Ltd. v. Ernst & Young, 185 Ariz. 493, 506, 917 P.2d 222, 235 (1996). Moreover, only a manifest abuse of discretion justifies reversal of the trial court's weighing of probative value and prejudicial effect under Rule 403. Zuern v. Ford Motor Co., 188 Ariz. 486, 492, 937 P.2d 676, 682 (App. 1996).
Evidence of a witness's mental condition may be admitted for impeachment purposes if the mental condition may have affected the truth of the testimony. State v. Zuck, 134 Ariz. 509, 513, 658 P.2d 162, 166 (1982). The proponent must show how the condition affected the witness's ability to observe and relate the matters to which he or she testified. Id. Therefore, the condition must affect the witness at the time of the matter testified to, while the witness is on the stand, or in the interim. Id.
The record in this case contains sufficient evidence of the impact of this patient's illnesses upon her ability to perceive and communicate. Dr. Finkelstein opined that she was "consistently ill" because she did not take medication to treat her schizophrenia. The patient's records established a history of involuntary hospitalizations, with diagnoses of schizophrenia and/or bipolar disorder, including auditory hallucinations, both before and after her visit to BCH. During one such hospitalization, about two weeks before her May 30, 1996 deposition, she was psychotic and referred to herself as a "global alien with telepathic powers." The records also indicate that the patient's psychosis tended to express itself more acutely in times of unusual stress, including when she lacked shelter, suffered a head injury , and engaged in litigation.
Based upon this information, Dr. Finkelstein concluded that the patient's mental illness affected her ability to perceive and communicate facts and events to her health care providers on the day of the emergency room visit. Sufficient foundation supported admission of the psychiatric evidence, and we cannot say that its prejudicial effect so clearly and substantially outweighed its probative value that the superior court's balancing of these factors was an abuse of discretion.
The judgment is affirmed.
JEFFERSON L. LANKFORD, Judge
CONCURRING:
JOHN C. GEMMILL, Presiding Judge
EDWARD C. VOSS, Judge
Page 1 2 3 4 Arizona Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|