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Kirk v. Ford Motor Co.6/23/2005
e issue as one of discretion; (2) whether the trial court acted within the outer boundaries of its discretion and consistently with the legal standards applicable to the specific choices available to it; and (3) whether the trial court reached its decision by an exercise of reason.
Sun Valley Shopping Ctr. v. Idaho Power Co., 119 Idaho 87, 94, 803 P.2d 993, 1000 (1991).
Appellate courts exercise free review over the question of whether a jury has been properly instructed. The standard of review for issues concerning jury instructions is limited to a determination whether the instructions, as a whole, fairly and adequately present the issues and state the law. When the instructions, taken as a whole, do not mislead or prejudice a party, an erroneous instruction does not constitute reversible error.
Vendelin v. Costco Wholesale Corp., 140 Idaho 416, __, 95 P.3d 34, 50 (2004)(internal citations omitted).
III. THE KIRKS WAIVED OBJECTION TO THE ADMISSION OF SEATBELT EVIDENCE
In 1988 the legislature added Idaho Code § 49-673(8), which states: The failure to use a safety restraint shall not be considered under any circumstances as evidence of contributory or comparative negligence, nor shall such failure be admissible as evidence in any civil action with regard to negligence.
I.C. § 49-673(8)(2004). This statute codified the common law rule that evidence of seatbelt use or non-use is inadmissible to show contributory negligence or a failure to mitigate damages in an automobile negligence action. Quick v. Crane, 111 Idaho 759, 780, 727 P.2d 1187, 1208 (1986); Hansen v. Howard O. Miller, Inc., 93 Idaho 314, 318, 460 P.2d 739, 743 (1969). According to Quick, " he reason for this rule is the lack of connection between failure to wear a seat belt and the occurrence of the accident." Quick, 111 Idaho at 780, 727 P.2d at 1208 (citing Hansen, 93 Idaho at 318, 460 P.2d at 743; Barry v. Coca-Cola Co., 239 A.2d 273 (N.J. Super. 1967). The Kirks obtained a favorable ruling on the issue of seatbelt evidence in response to their motion in limine. However, at trial the district court allowed Ford's expert witness to testify that the decedents were unbelted at the time of the accident and that they would have survived the crash had they been belted. Ford contends that the Kirks failed to properly object to Moffatt's expert testimony and stipulated that the decedents were unbelted thereby waiving the issue for appeal.
When presented with a motion in limine, a trial court has the authority to deny the motion and wait until trial to determine if the evidence should or should not be excluded. Gunter v. Murphy's Lounge, LLC, 141 Idaho 16, __, 105 P.3d 676, 685 (2005)(citing Lanham v. Idaho Power Co., 130 Idaho 486, 492, 943 P.2d 912, 918 (1997)). If the trial court decides to wait and hear the actual foundation laid before determining whether to admit or exclude evidence, the moving party is required to continue to object as the evidence is presented. Id. (citing State v. Hester, 114 Idaho 688, 760 P.2d 27 (1988)); Karlson, 140 Idaho at __, 97 P.3d at 432. The purpose behind this rule is that:
motion in limine is based on an alleged or anticipated factual scenario, without the benefit of all the other actual evidence which will be admitted at trial, the trial judge will not always be able to make an informed decision regarding the admissibility of the evidence prior to the time the evidence is actually presented at trial.
Hester, 114 Idaho at 699, 760 P.2d at 38 (emphasis in original). If, however, the trial court unqualifiedly rules on the admissibility of evidence prior to trial no further objection is required to prese
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