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JOHNSON v. KNOXVILLE COMMUNITY SCH. DIST.11/26/1997
ed a two-hour interview with Brian and reviewed documentation of his case, including a lengthy journal kept by Brian's father which chronicled Brian's behavioral problems. Dr. Nordine was familiar with OCD studies and the effect of environmental factors and cited to scientific articles and studies in support of his opinion. Additionally, Dr. Nordine is a board-certified neuropsychiatrist, licensed by the State of Iowa, who has experience treating patients with similar disorders and who testified to matters within his medical expertise.
Obviously, the subject matter of Dr. Nordine's testimony is not within the knowledge of laypersons. For that reason his testimony would have aided the jury on the critical issue: Were the OCD traits the result of the accident?
The plaintiffs also assert that Dr. Nordine's assessment of Joel Johnson as exhibiting OCD traits was irrelevant and prejudicial. We note, however, that Dr. Nordine did not offer an opinion concerning Joel's mental condition. Instead, he opined about Brian's relationship with Joel, stating that Brian was "relatively dependent" on his father. His opinion that the OCD features presented by Brian are related to family characteristics was not a statement involving genetics, which would pertain to scientific knowledge, but was a reference to family environment. As an opinion concerning the cause of Brian's disorder, the opinion was relevant to the determination of causation. Such an observation is not outside the bounds of Dr. Nordine's expertise, and was gained through an observation of Brian's father agreed to by the plaintiffs.
Under rule 403, relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. Iowa R. Evid. 403. Dr. Nordine's testimony has probative value because causation was the school district's primary defense to the plaintiffs' claims. The testimony supported the defendant's theory that Brian's behavioral problems were caused by other factors and were not due to the 1992 injury . Rule 403 is to be applied sparingly, see Williams, 561 N.W.2d at 832, and in this case we believe the district court correctly determined that any possible prejudicial effect Dr. Nordine's testimony may have had did not render it inadmissible. It was then within the province of the jury to decide what weight to give such testimony in light of the expert testimony offered by the plaintiffs in support of their position.
For all of these reasons, we conclude the district court did not abuse its discretion in admitting Dr. Nordine's opinion testimony.
IV. Evidence of Previous Injury
Plaintiffs also contend the court erred in allowing testimony pertaining to Brian's five previous head injuries. Although plaintiffs concede that the prior injuries were relevant in determining whether Brian had a pre-existing condition, they contend their admission was prejudicial because the school district had already admitted and stipulated to liability for the playground fall.
The determination of relevancy of evidence rests within the sound discretion of the trial court. Harris v. Jones, 471 N.W.2d 818, 821 (Iowa 1991); Norton v. Adair County, 441 N.W.2d 347, 357 (Iowa 1989). We reverse only if the trial court clearly abused its discretion to the prejudice of the complaining party. Sanford v. Meadow Gold Dairies, Inc., 534 N.W.2d 410, 412 (Iowa 1995). The balancing decision under rule 403 is also a matter for the trial court's discretion. Harris, 471 N.W.2d at 821.
The testimony concerning Brian's five previous injuries was not introduced to show fault on the part of Brian or that his alleged recklessness contributed to the 1992 inci
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