Most traffic accidents result in a citation being issued to one party. Often times, the party cited does not vigorously defend the citation, as the citation is a minor issue with a limited penalty. The cost in time and dollars often does not justify the defense.
However, plaintiffs will sometimes attempt to use the conviction of a traffic offense to establish negligence in a civil suit. In Brunner v. RJ. Lipps, Inc., (2016-Ohio-3231), plaintiff attempted to do so without success. In Brunner, plaintiff was involved in a motor vehicle accident with defendant’s vehicle. Plaintiff filed a motion for summary judgment on the issue, asserting that the criminal conviction established negligence as a matter of law. The trial court denied the summary judgment and the case proceeded to trial. The jury found in favor of the defendant and plaintiff appealed.
The Court of Appeals affirmed the trial court’s holding. The court found that a defendant does not have the same incentive to defend a traffic citation as he or she would have to defend a civil action for negligence. The court found that the damages at stake in a civil action are not present in an action involving a traffic citation. Moreover, defenses that would be available to a defendant in a civil action for negligence have no relevance and are unavailable in a traffic case. Further, the legislature has promulgated separate rules to govern actions involving traffic citations.
The court further relied upon Ohio Revised Code Section 2307.60, which holds that only a final judgment of conviction that finds an offender guilty of an offense of violence punishable by death or imprisonment in excess of one year is admissible as evidence in a subsequent civil action. In this case, defendant was found guilty of an improper left turn. The court found that an improper left turn is not an offense of violence and thus was banned by R.C. 2307.60. The court thus upheld the trial court’s denial of the summary judgment.
This case is clear support for limiting the admission of pleas to traffic citations. Defendants who dispute the citation, but find the effort is outweighed by the cost, will still have the ability to fully defend a civil suit.
If you would have any questions, regarding this opinion, or any other auto or truck liability issue, please call one of our General Casualty / Excess & Surplus Risk Practice Group members.
This has been prepared for informational purposes only. It does not contain legal advice or legal opinion and should not be relied upon for individual situations. Nothing herein creates an attorney-client relationship between the Reader and Reminger. The information in this document is subject to change and the Reader should not rely on the statements in this document without first consulting legal counsel.
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