 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Godbolt v. Brawley11/3/1995
OPINION BY JUSTICE BARBARA MILANO KEENAN
The primary issue in this appeal is whether the trial court, in a civil action for assault, erred in admitting evidence that the plaintiff and one of his witnesses had been convicted of simple assault arising out of the same incident.
On September 12, 1993, the plaintiff, Benjie Godbolt, and some members of his family went to Scarlett Shockoe Kitchen and Bar (Scarlett), a restaurant and nightclub located in the City of Richmond. Robert W. Brawley, an off-duty deputy sheriff, was working as a security guard outside the entrance to Scarlett.
During the evening, Godbolt and his family were involved in an altercation with a member of the band performing at Scarlett. As the Godbolt family was being ejected from the club, Brawley attempted to detain them on the steps until the police arrived. A fight ensued.
Godbolt's brother, Terry, started the fight by punching Brawley. As Brawley fought back using his blackjack, Benjie Godbolt became involved in the fight and also began punching Brawley. Brawley fell to his knees and shot both Godbolt brothers with a gun that he had kept tucked in the waistband of his pants.
Both Benjie and Terry Godbolt were convicted of simple assault arising out of this incident. No charges were instituted against Brawley.
Benjie Godbolt filed a motion for judgment against Brawley and Scarlett, seeking recovery for damages resulting from the shooting. At trial, the court allowed the jury to hear evidence that both Benjie and Terry Godbolt had been convicted of simple assault based on this incident. After Godbolt rested his case, the trial court struck his evidence and granted the defendants' motions for summary judgment, ruling that Godbolt could not recover damages resulting from his own wrongdoing.
Godbolt contends that, although evidence of the actual conduct is admissible, the trial court erred in admitting evidence of the assault convictions. He argues that the trial court improperly admitted this evidence as proof that he had committed a wrong against Brawley. Godbolt asserts that this ruling was erroneous because, under the holding of Selected Risks Ins. Co. v. Dean, 233 Va. 260, 355 S.E.2d 579 (1987), mutuality must exist in order for evidence of the conviction to be admissible. He argues that there is no mutuality between this case and his criminal prosecution
because the parties, procedures, and purposes of the two proceedings differ.
In response, the defendants argue that, while a litigant generally is prohibited from presenting evidence of a prior criminal conviction in a civil case arising out of the same incident, this rule is subject to the exception that a civil plaintiff cannot profit from his or her own criminal act. The defendants assert that, under such circumstances, a defendant may introduce evidence of the plaintiff's prior conviction.
The defendants rely on Eagle, Star and British Dominions Ins. Co. v. Heller, 149 Va. 82, 140 S.E. 314 (1927), in which this Court held that a convicted arsonist could not recover under an insurance policy for damages to a building that he had burned. Id. at 105-06, 140 S.E. at 321. Based on this authority, the defendants argue that evidence of the Godbolts' convictions was properly admitted into evidence, in order to prevent Benjie Godbolt from recovering damages from the victim of the crime.
In examining this issue, we first consider Smith v. New Dixie Lines,
Page 1 2 3 4 Virginia Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|