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Bish v. Smith & Nephew Richards8/23/2000
evidence must be balanced against those attendant costs in determining that evidence should be admitted. Id. at 360. 850 S.W.2d at 442-443.
Evidence upon a fact not in issue is irrelevant and not admissible unless collaterally admissible. Bridges v. CSX Transp., Inc., 845 S.W.2d 760 (Tenn. Ct. App. 1992). In Bridges, the Court noted: " here must be some relevance between evidence offered and the issues for trial. Simply because evidence may bolster a plaintiff's case does not make it irrelevant." Id. at 764.
In the instant cases, the plaintiffs are required to prove that the fixation devices were defective or unreasonably dangerous at the time they left the manufacturer's control. It appears from our review of the record that the evidence excluded by the trial court and offered in proof does not tend to prove the determinative issues in the case nor lead to evidence that would prove such issues. The FDA's approval or nonapproval of the devices without more does not tend to prove that the devices were defective or unreasonably dangerous. Moreover, a review of the testimony of the three witnesses offered by plaintiff Burton aptly illustrates the reason for Tenn.R.Evid. 403. The introduction of the proof concerning the FDA activity in regulation would result in a confusion of the issues, could mislead the jury, and without question would result in undue delay and a waste of time. Under the state of this record, if there is any probative value to the testimony, it is substantially outweighed by the dangers outlined in Rule 403. The trial court did not abuse its discretion in excluding the proffered evidence.
Accordingly, the orders of the trial court are affirmed. These cases are remanded to the trial court for such further proceedings as are necessary. Costs of the appeal are assessed against the appellants, Eugene Haffey, Gretchen Bish, and Donald Burton.
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