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Schwartz v. Brancheau

In a personal injury action, the trial court did not abuse its discretion in allowing the state trooper's testimony regarding the defendant's alcohol consumption, even though the defendant admitted liability, since the elements of proximate cause and damages remained subject to proof at trial and the testimony was inextricably linked to the accident.

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In this personal injury action involving an automobile collision, plaintiff Keith Brancheau introduced evidence at trial that defendant Norman Schwartz consumed alcohol prior to losing control of his vehicle and crashing into Brancheau. Following a jury verdict in favor of Brancheau, Schwartz appeals, contending that the trial court should have excluded evidence of his alcohol consumption because 1 there was no pending claim for punitive damages and 2 there was no evidence that he was intoxicated. Finding no reversible error by the trial court, we affirm. This case stems from an automobile accident that occurred in the evening hours of April 5, 2008 along a sharp curve on a two-lane road in Douglas County. The curve in the road was wet from rain earlier that day, and visibility was limited due to fog. It is undisputed that as Schwartz approached the curve in his pickup truck, he was driving too fast given the poor road conditions. When he entered the curve, Schwartz lost control of his truck, swerved into the opposite lane of traffic, and struck the left front side of the on-coming vehicle driven by Brancheau.

Brancheau brought this personal injury action against Schwartz to recover damages for the injuries he sustained in the automobile collision. According to the complaint, Schwartz was intoxicated when he lost control of his vehicle and crashed into Brancheau. Brancheau further alleged that he fractured his left foot and left forearm and tore his anterior cruciate ligament in his left knee as a result of the collision, and he prayed for a variety of damages, including special, compensatory and punitive damages, plus attorney fees and costs.

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