In a personal injury case, what is the test for inadmissible evidence in the context of "unduly prejudicial" testimony?

California, United States of America


The following excerpt is from People v. Osborn, E054387 (Cal. App. 2013):

Evidence may not be excluded merely because it is prejudicial; rather, evidence is inadmissible under Evidence Code section 352 only when its probability of undue prejudice outweighs its probative value. Evidence is "unduly prejudicial" when it '". . . tends to evoke an emotional bias against a party as an individual, while having only slight probative value with regard to the issues. . . .' [Citation.]" (People v. Samuels (2005) 36 Cal.4th 96, 124.) Here, the challenged testimony, even if emotional, was highly probative on the primary issue at the trial: defendant's subjective mental state when he chose to drive after drinking. We therefore conclude the trial court did not abuse its discretion in admitting Ossorio's testimony.

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