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Eubanks v. Waldron

Evidence that defendant paid a traffic fine arising out of the underlying collision was inadmissible absent evidence that defendant pled guilty to the traffic citation.

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David Eubanks sued Alfred Waldron for injuries Eubanks allegedly sustained when his car collided with Waldron’s vehicle. According to Eubanks, Waldron proximately caused the wreck by suddenly slowing his vehicle on the highway and impeding the flow of traffic. Waldron denied liability. The case proceeded to trial, and the jury returned a verdict for Waldron. In his sole enumeration of error, Eubanks argues that the trial court erred in restricting his cross-examination of Waldron. For reasons that follow, we affirm. The record shows that, before trial, Waldron moved in limine to exclude any reference to a traffic ticket he received relating to the wreck. Waldron noted that Eubanks had not listed the ticket or the record of its disposition as an exhibit in the pretrial order. He further argued that the ticket did not reflect the disposition and that Eubanks failed to proffer a certified copy of the conviction. The trial court granted the motion. Eubanks subsequently requested permission to impeach Waldron with his deposition testimony regarding the traffic ticket, but the trial court denied that request.

Waldron testified at his deposition that he recalled receiving a traffic citation for impeding the flow of traffic and that he “just paid it.” On appeal, Eubanks argues that he should have been allowed to cross-examine Waldron regarding this “admission.”

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