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Kaeo v. Davis5/14/1986
xt-->inadmissible for one purpose yet admissible for another; as we have seen, " he strictness of requirement of similarity of conditions is 'much relaxed, however, when the purpose of the offered evidence is to show notice . . . .'" Warshaw v. Rockresorts, Inc., 57 Haw. at 652, 562 P.2d at 434 (quoting Laird v. T.W. Mather, Inc., 51 Cal. 2d 210, 220, 331 P.2d 617, 623 (1958)). From an examination of what was proffered, we are not convinced that it met the test of admissibility to establish the existence of a dangerous condition or causation.
A perusal of the police reports of four prior accidents offered as evidence reveals the accidents happened over a span of six years and at spots in the double-curved section of the road in the proximity of but not at the very site of the accident in question. The record also indicates there were subsequent modifications of roadway signs and markers along that section of the road. Since it was incumbent upon the proponent of the evidence to show "that the conditions the alleged previous accidents were the same or substantially similar to the one in question," Warshaw v. Rockresorts, Inc., 57 Haw. at 652, 562 P.2d at 434, we cannot say it was error for the trial judge not to admit the evidence for purposes of proving the existence of a dangerous condition or causation.
But we think the proffered evidence met the "much relaxed" standard applicable when admission is sought on the ground that the prior accidents should have attracted the City's attention to a potentially dangerous condition. Moreover, the introduction of this evidence would not have resulted in unfair surprise or prejudice to the City since the reports were prepared by officers of the Honolulu Police Department. Nor can we say its admission would have caused confusion of the issues, for the jury could have been properly instructed that the reports were admitted for the limited purpose of showing notice. See Haw. R. Evid. 105; Low v. Honolulu Rapid Transit Co., 50 Haw. 582, 585-86, 445 P.2d 372, 376 (1968). And we see no reason why the introduction of the evidence would have consumed an inordinate amount of time.
IV.
Having concluded that the trial judge erred in rejecting evidence offered by both the City and the plaintiff, we finally consider his refusal of a jury instruction proposed by the City on a possible legal consequence of a verdict leading to a judgment holding the City and Alfred K. Davis jointly and severally liable for damages sustained by the plaintiff.
A.
Citing McKeague v. Talbert, 3 Haw. App. 646, 658 P.2d 898 (1983), the City asserts "the trial judge committed reversible error [when] he did not 'inform the jury as to the law of the case applicable to the facts in such manner that [it would] not be misled.'" Of course, there is no reason to question the general propositions reiterated in McKeague. Jury instructions undoubtedly are meant "to furnish guidance to [jurors] in their deliberations," and the instructions given to a jury should "explain the law of the case, . . . point out the essentials to be proved on one side or the other, and bring into view the relation of the particular evidence adduced to the particular issues involved." Id. at 657, 658 P.2d at 906 (citation omitted). But McKeague did not treat the issue at hand, and we must look elsewhere for guidance in deciding whether or not the command that "the court shall give to the jury such explanation and inst
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