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Walsh v. Chan9/20/1995
ng standard of review, while we review decisions made pursuant to HRE Rule 403 under the abuse of discretion standard. State v. Alston, 75 Haw. 517, 538, 865 P.2d 157, 168 (1994).
Evidence is relevant if it has "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." HRE Rule 401. However, relevant evidence may be excluded if "its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence." HRE Rule 403.
The trial court granted the motion in limine to exclude Pynchon's testimony without stating the basis for its ruling. In the motion in limine, Chan objected to the admission of Pynchon's testimony because it was: (1) irrelevant; and (2) prejudicial because, according to Chan, she could not be expected to defend against the issue regarding Pynchon's alleged physical injuries when Walsh never raised the issue in his pleading.
As to whether Pynchon's testimony was irrelevant, the jury heard Chan's reconstruction expert testify that the force of impact was not sufficient to cause Walsh's injuries. Conversely, Walsh's reconstruction expert testified that the impact was strong enough. Because of the conflicting expert testimonies, Pynchon's testimony regarding her own injuries was clearly relevant to the factual issue of whether, and if so, to what extent, the rear-end collision caused Walsh's injuries. As to whether Pynchon's testimony was prejudicial, no unfair prejudice existed because Walsh named Pynchon as a prospective witness on the issue of damages in his pre-trial statement filed and served on Chan on May 4, 1992.
Because Pynchon's testimony was not irrelevant or prejudicial, we hold that the trial court erred when it excluded Pynchon's testimony regarding the fact that she also suffered injuries in the accident and, accordingly, reverse the No New Trial Order.
III. NON-TAXATION ORDER
Inasmuch as we are vacating the judgment and remanding the case for a new trial, the Non-Taxation Order is set aside.
Conclusion
For the reasons set forth above, we hereby vacate the September 9, 1993 Order Granting Defendant Serena Chan's Motion for Entry of Judgment in Favor of Defendant Serena Chan and Against Plaintiff, Order Denying Plaintiff Timothy Walsh's Motion for New Trial, Order Granting Defendant Serena Chan's Motion to Set Aside Taxation of Costs, and September 9, 1993 Judgment in favor of Serena Chan. Because the parties stipulated to Chan's liability and the only issue on appeal is damages, we remand for a new trial on damages.
James S. Burns
Walter S. Kirimitsu
Simeon R. Acoba, Jr.
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