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Rourk v. the11/12/1991
ed to press, the accusation of impropriety that would justify a refusal to allow the impeachment. It appears, on the record before us, that the trial judge should not have sustained the objection on the grounds advanced.
The plaintiff argues that the trial court improperly precluded an expert witness, Dr. Donald Fausel, from relating the facts which formed the basis for his opinion concerning the plaintiff's placement and supervision. The trial court ruled that Dr. Fausel could not testify based upon facts in a hearsay report. The report upon which Fausel based his testimony, and from which he began to read at trial was not, however, submitted as evidence in the form of an offer of proof, nor was the content apparent from the record. See Rule 103, Arizona Rules of Evidence. We cannot say, in the absence of a sufficient record, that the trial court erred in this respect.
The plaintiff also argues that the trial court abused its discretion in precluding expert testimony that a driver with a .147% blood-alcohol content is twenty times more likely to be involved in an accident, than is a sober driver. The defendants argue that because the relationship between drinking and automobile accidents is within the common knowledge of the jury, expert testimony on this point was not necessary and that the precise percentage of the increased likelihood of an accident was not relevant to the jury's determination of negligence against DES and the Blounts. We agree. The ultimate question on the admissibility of expert testimony is whether the expert can provide appreciable help to the jury. Englehart v. Jeep, 122 Ariz. 256, 258-59, 594 P.2d 510, 512-13 (1979). The jury undoubtedly knew that an intoxicated driver is far more likely to cause an accident than a sober driver. The percentage of increased probability adds little to the ultimate issues in this case -- whether DES or the Blounts, or both, were negligent, especially in view of the fact that there was no showing that the defendants were aware of the precise increase in probability. The trial court did not abuse its discretion by excluding this testimony.
The judgment of the trial court is reversed and this matter is remanded for a new trial.
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