Book v. Datema
Decision Date | 17 November 1964 |
Docket Number | No. 51458,51458 |
Parties | Olaf BOOK and Gustave Book, Executors of the Estate of Otto Book, Deceased, Appellants, v. John William DATEMA, Appellee. Raymond ROLLEFSON, Administrator of the Estate of Martin R. Rollefson, Deceased, Appellant, v. John William DATEMA, Appellee. |
Court | Iowa Supreme Court |
Weible & Stipp, Forest City, for appellants.
Boyle & Schuler, Clear Lake, for appellee.
This appeal involves two wrongful death actions consolidated for trial and also here. At about 5:00 p. m. May 11, 1963 the automobile driven by defendant, John William Datema, struck the rear of Olaf Book's vehicle which was traveling east on Highway 9 just east of Forest City. A vehicle coming from the east prevented defendant from passing to the left. Defendant was aware the Book automobile was traveling ahead of him but was unable to stop. After the impact Book's car veered to the north and then back to the south where it left the road. Book and his passenger Martin R. Rollefson were killed.
Each petition alleged two grounds of negligence: (1) defendant was operating his automobile at a greater speed than would permit him to bring it to a stop within the assured clear distance ahead and (2) was driving at a greater speed than was reasonable and proper, having due regard for the conditions existing, both contrary to Code section 321.285, I.C.A. Defendant's answers denied these allegations.
Before trial defendant's motion to exclude all evidence regarding his plea of guilty to a criminal charge relating to one or both of the alleged grounds of negligence was sustained. The trial court ruled such evidence, whether introduced as substantive proof of negligence or on cross examination of defendant for impeachment purposes was inadmissible under section 321.489, Code 1962, I.C.A. The court indicated any attempt by plaintiffs to introduce such evidence would result in a mistrial. This ruling presents the sole issue on this appeal by plaintiffs from judgment on adverse verdicts. For clarity we will refer to them as plaintiff.
I. The general rule is that the record of a conviction or acquittal in a criminal prosecution is not admissible in evidence in a civil action to establish the truth of the facts on which it was rendered. Annos. 31 A.L.R. 261, 18 A.L.R.2d 1287; In re Johnston's Estate, 220 Iowa 328, 335, 261 N.W. 908, 911, 262 N.W. 488, and citations; Bates v. Carter, 225 Iowa 893, 894, 895, 281 N.W. 727, 728, and citations.
II. However, an exception to this rule is that the record in a criminal case showing a plea of guilty is admissible in a subsequent civil action against the accused arising out of the same offense, as his deliberate declaration or admission against interest. 20 Am.Jur., Evidence, section 648; Annos. 31 A.L.R. 261, 18 A.L.R.2d 1287; Root v. Sturdivant, 70 Iowa 55, 29 N.W. 802; Hauser v. Griffith, 102 Iowa 215, 71 N.W. 223; Boyle v. Bornholtz, 224 Iowa 90, 275 N.W. 479.
In Crawford v. Bergen, 91 Iowa 675, 60 N.W. 205; Jones v. Cooper, 97 Iowa 735, 65 N.W. 1000, and Swan v. Philleo, 194 Iowa 790, 190 N.W. 406, we point out the evidence of a plea of guilty is admissible but not conclusive proof in the civil action.
III. The purpose for which admissions are taken as evidence is thus stated in 31A C.J.S. Evidence § 273:
Speaking of a prior inconsistent statement, we say in Olson v. Hodges, 236 Iowa 612, 626, 19 N.W.2d 676, 684:
Freas v. Sullivan, 130 Ohio St. 486, 200 N.E. 639, 641, states:
'Freas' plea of guilty to the charge of reckless driving, being predicated upon the collision in question, was admissible for two reasons: It reflected directly upon the question of his negligence, and, as by answer he denied he was negligent, it would likewise reflect upon his credibility.'
IV. With these general principles prior to the enactment in 1937 of what is now Code section 321.489, I.C.A., defendant does not seriously disagree. His contention, which the trial court accepted, is that section 321.489 bars the use of any record or evidence of a plea of guilty as declarations or admissions against interest.
Section 321.489 provides:
Plaintiff argues this section does not change the existing common law. He maintains the reason for its passage was due to a modern tendency to abandon the general rule and to permit records and evidence of convictions in civil cases. The annotation in 18 A.L.R.2d at page 1289 observes such a tendency.
Since the passage of section 321.489 we have not squarely, decided the issue presented here. We have however strongly indicated the rule of admissions against interest by a plea of guilty to an offense involving the same accident remains unchanged.
In Tuthill v. Alden, 239 Iowa 181, 30 N.W.2d 726, without an objection by defendant, a notation of a plea of guilty to the charge of careless driving by defendant was received and considered. In Tucker v. Heaverlo, 249 Iowa 197, 86 N.W.2d 353, defendant had made a statement to the effect he had pleaded guilty to reckless driving. At page 205, 249 Iowa, page 358, 86 N.W.2d, we say:
In Mathews v. Beyer, 254 Iowa 52, 116 N.W.2d 477, an admission by defendant at the time he was informed of a criminal charge against him that his only violation was a bad taillight was permitted as evidence against him. A dissent by two members of the court agreed with defendant's contention the evidence was barred by section 321.489.
Authorities from other jurisdictions having the same or similar statute as section 321.489 are divided on the question here presented. All seem to agree a record of conviction or acquittal is inadmissible.
The Michigan statute provides: 'No evidence of the conviction of any person for any violation of this chapter or of a local ordinance pertaining to the use of motor vehicles shall be admissible in any court in any civil action.' Comp. Laws 1948, § 257.731, Pub.Act. 1953, No. 60.
Elliott v. A. J. Smith Contracting Co., 358 Mich. 398, 100 N.W.2d 257, holds a record of conviction is barred by the statute and points out the reasons for the holding.
However, the very recent case of Diamond v. Holstein, 373 Mich. 74, 127 N.W.2d 896, where defendant admitted he had entered a plea of guilty to a charge of unsafe driving before a justice of the peace in connection with the accident, says: 'As for the guilty plea in the criminal case, the plea could be considered as evidence of negligence, and it was received into evidence and was before the jury for such consideration, but it was not conclusive thereof * * *.' The Michigan court applies the common law rule and in effect holds, as to admissions, the statute did not change to law.
The Arkansas statute (Ark.Stats. § 75-1011) is identical with our section 321.489. Garver v. Utyesonich, 235 Ark. 33, 356 S.W.2d 744, 747, holds a deputy clerk of a municipal court was barred by the statute to identify and testify from the court docket showing defendant's attorney had entered a plea of guilty to a charge of failure to yield the right-of-way. However, the holding is qualified by the statement: 'This witness did not testify that she was present in court and heard the plea entered.'
In Harbor v. Campbell (1963), 235 Ark. 492, 360 S.W.2d 758, plaintiff sued for injuries received when defendant, operating a motor vehicle, hit the rear end of plaintiff's car. The trial court refused to receive a certified copy of the municipal court records to show defendant had paid a fine for failure to yield the right-of-way in the same accident, citing the Utyesonich case. The trial court also refused to allow plaintiff to ask defendant on cross examination if he had pleaded guilty to said charge. On plaintiff's appeal the Arkansas court reversed the trial court for its refusal to allow plaintiff to question defendant on cross examination about his plea of guilty, and said:
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