312 P.3d 989
Wash. Ct. App.2013Background
- Colley suffered a May 2006 respiratory event during a hospital stay for abdominal pain; court trial occurred in November 2011 resulting in a defense verdict.
- Colley had known sleep apnea; morphine administration and oxygen monitoring were central to the care issue.
- Talena Colley observed breathing problems and timely reporting; CPAP device was brought to the bedside.
- Certificates of merit were filed under RCW 7.70.150 by Nurse Covington and Dr. Pantilat; Putman v. Wenatchee Valley Med. Ctr. later struck down the certificate requirement as unconstitutional.
- The trial court admitted certificates of merit for impeachment purposes, and evidence about past alcohol use and several defense causation experts were admitted; the outcome hinged on whether errors required reversal.
- This court affirmed the defense verdict, finding some evidentiary errors but no reversible prejudice likely to merit a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effect of certificates of merit on trial fairness | Colley; certificates were coercively obtained by unconstitutional statute | Hospital; certificates relevant under ER 613 as prior statements | Error in admitting but not reversible |
| Admissibility of defense causation experts | Experts offered to prove causation; prejudicial and irrelevant | Experts stayed within expertise; not unduly prejudicial | Testimony admissible; no reversible prejudice |
| Use of unpublished opinions as authority | Unpublished opinions cited as illustrative | Washington rules prohibit unpublished citation | Rule acknowledged; not grounds for reversal |
| Admission of past alcohol history evidence | Prejudicial and irrelevant to current impairment | Evidence had probative value regarding memory/attention | Evidence admissible; probative value outweighed prejudice |
Key Cases Cited
- Putman v. Wenatchee Valley Med. Ctr., PS, 166 Wn.2d 974 (2009) (unconstitutional statute; due process and discovery concerns)
- Kramer v. J.I. Case Manufacturing Co., 62 Wn. App. 544, 815 P.2d 798 (1991) (evidence of substance abuse prematurity pretrial; prejudicial evaluation concerns)
- Stedman v. Cooper, 172 Wn. App. 9, 292 P.3d 764 (2012) (helper expert testimony; admissibility based on expertise; not inherently misleading)
- State v. Nysta, 168 Wn. App. 30, 275 P.3d 1162 (2012) (unpublished guidance on presenting unpublished analyses)
- Berger v. Sonneland, 144 Wn.2d 91, 26 P.3d 257 (2001) (statutory elements; causation burden in medical negligence)
- Miller v. Staton, 58 Wn.2d 879, 365 P.2d 333 (1961) (expert testimony must address probability, not mere possibility)