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Cothran v. Brown9/10/2001
's recklessness did not have to be the sole proximate cause for him to be found guilty of reckless homicide so long as it is a proximate cause. The same concept is true in connection with the wrongful death suit, as the negligence of both Brown and McFaddin can combine to be the proximate cause of McFaddin's death. The difference is that in the civil context any negligence on the part of McFaddin would be used to reduce the amount of Cothran's recovery in direct proportion to the percentage of McFaddin's negligence under the concept of comparative negligence.
Cothran relies in part on Cooper v. County of Florence, 306 S.C. 408, 412 S.E.2d 417 (1991), for the proposition that simple negligence would not bar recovery when the defendant is admittedly guilty of reckless behavior. However, this reliance is misplaced because contributory negligence was the applicable theory in Cooper. In Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991), the concept of contributory negligence was discarded in favor of the doctrine of comparative negligence, and even simple negligence, in the face of reckless behavior, could potentially reduce a claimant's recovery.
Guilty plea proceedings and civil tort actions based on negligence have substantially different consequences for defendants. The confessed guilt of a defendant in some circumstances may not be conclusive for judicial estoppel purposes on the issue of his civil liability for a wrong. In a recent collateral estoppel decision, our supreme court adopted "the rule that once a person has been criminally convicted he is bound by that adjudication in a subsequent civil proceeding based on the same facts underlying the criminal conviction." Doe v. Doe, Op. No. 25341 (S.C. Sup. Ct. filed August 13, 2001) (Shearouse Adv. Sh. No. 29 at 23, 26) (emphasis added). Although the rule implicates collateral rather than judicial estoppel, we note the court went on to hold that "it must be shown the identical issue must have necessarily been decided in the prior criminal action and be decisive in the present civil action. It must also be shown the party precluded from relitigating the issue, appellant here, must have had a full and fair opportunity to contest the prior determination." Id. at 27 (emphasis added) (citations omitted). While Brown is bound by his factual admissions from his guilty plea, the relative degree of culpability was not at issue nor was it decided in the prior proceeding. Because plaintiff's relative fault, if any, was not an issue in his guilty plea, Brown has not yet had a full and fair opportunity to contest it. We therefore hold the grant of summary judgment in Cothran's favor on the basis of judicial estoppel was inappropriate.
CONCLUSION
For the foregoing reasons, the circuit court's grant of partial summary judgment to Cothran on the issue of liability is
REVERSED AND REMANDED.
GOOLSBY, HUFF, and STILWELL, JJ., concur.
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