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CARSON v. FINE

No. 59887-8.

123 Wn.2d 206 (1994)

867 P.2d 610

TERRY L. CARSON, ET AL, Respondents, v. BETSY L. FINE ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

February 10, 1994.

Attorney(s) appearing for the Case

Reed McClure, by William R. Hickman, Heather Houston, and Pamela A. Okano; Rosenow, Johnson, Graffe, Keay, Pomeroy & Moniz, by Jack G. Rosenow and Marilyn W. Schultheis, for petitioners.

Smythe & Van Siclen P.S., Inc., by Robert C. Van Siclen and John S. Stocks; Weinstein Fischer & Riley, by Kathryn A. Ellis; Preston Thorgrimson Shidler Gates & Ellis, by Kathleen B. Barrett and Robert J. Backstein, for respondents.

Christine O. Gregoire, Attorney General, and Michael Madden, Senior Counsel, amicus curiae for petitioners.

Malcolm L. Edwards on behalf of the Washington State Medical Association, amicus curiae for petitioners.

Russell C. Love on behalf of Washington Defense Trial Lawyers, amicus curiae for petitioners.

Joseph E. Shickich, Jr., on behalf of Washington State Hospital Association and Group Health Cooperative of Puget Sound, amici curiae for petitioners.

Bryan P. Harnetiaux and Gregg L. Tinker on behalf of Washington State Trial Lawyers Association, amicus curiae for respondents.

Chris Quinn-Brintnall on behalf of Washington Association of Prosecuting Attorneys, amicus curiae.

MADSEN, J.

At issue is the admissibility of adverse opinion evidence offered by a treating physician against the plaintiff, his former patient, in a malpractice action filed against another physician. In this case, the Court of Appeals reversed the defendant's jury verdict and held that the trial court should have balanced, on the record, the probative value of the proposed adverse testimony against the danger of its unfair prejudice under ER 403 before admitting...

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