 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
BEALE v. CHISHOLM6/4/1993
Donald Chisholm appeals from the summary judgment on the issue of liability entered in the Superior Court (Cumberland County, Cole, J.) in favor of Stephen Beale, personally and as the representative of the estate of his deceased father, Robert Beale, on Beale's complaint for Chisholm's alleged negligent infliction of emotional distress on Beale, Robert Beale's conscious pain and suffering prior to his death, see 18-A M.R.S.A. § 2-804(c) (1981), and the wrongful death of Robert Beale. See 18-A M.R.S.A. § 2-804(a)-(b) (1981 & Supp. 1992). Chisholm also appeals from the summary judgment (Brodrick, J.) in favor of Beale on Chisholm's counterclaim seeking damages for Robert Beale's alleged negligence. There is some confusion in Chisholm's brief and in the record before us. Because, however, the issues of liability and damages are inextricably intertwined, we review the record for obvious error. See M.R.Civ.P. 61. We hold that the trial court's determination, as a matter of law, that Chisholm's prior conviction for the death of Robert Beale precluded him from litigating the issues presented in this case, was obvious error. Accordingly, we vacate the judgments.
Chisholm was charged with causing the death of Robert Beale in violation of 17-A M.R.S.A. § 203(1)(A) (Supp. 1992). This charge stemmed from Chisholm's involvement in a head-on collision of two cars on Commercial Street in Portland. At a jury-waived trial, the State presented evidence that an intoxicated Chisholm drove his car across the center line of Commercial Street into the opposing lane and collided with an oncoming car, killing its driver, Robert Beale. In his defense, Chisholm presented evidence that his car had not strayed from its lane; rather, that Robert Beale had caused the collision by negligently driving his car across the center line. We affirmed the judgment entered on the trial court's conviction of Chisholm for manslaughter. See State v. Chisholm, 565 A.2d 92, 95 (Me. 1989). Stephen Beale then brought this civil action against Chisholm and successfully moved for summary judgments as to the liability issues raised by his complaint and as to all issues raised by Chisholm's counterclaim.
Beale based his motions for summary judgments on the doctrine of issue preclusion, alleging that all genuine issues of material fact alleged in Beale's complaint and all issues raised by Chisholm's counterclaim relating to Chisholm's liability had been conclusively determined against Chisholm by Chisholm's criminal conviction. In support of his motions, Beale relied solely on the pleadings in the instant case and the transcript of the criminal proceedings against Chisholm.
On an appeal from a summary judgment, we review the record in the light most favorable to the losing party to determine whether it supports the trial court's decision that there were no genuine issues of material fact and that the successful party was entitled to a judgment as a matter of law. Chalet Susse Intern., Inc. v. Mobil Oil Corp., 597 A.2d 1350, 1352 (Me. 1991). When a criminal proceeding terminates in a final judgment of conviction, the convicted party is precluded from relitigating the issues essential to that conviction in subsequent civil actions. Hanover Ins. Co. v. Hayward, 464 A.2d 156, 160 (Me. 1983). Beale's claims for the damages suffered by him from Chisholm's alleged negligent infliction of emotional distress and for the conscious pain and suffering of Robert Beale, however, presuppose the establishment of facts that were not essential to Chisholm's conviction. An action for the negligent infliction of emotional distress is premised on the factual finding that the complainant's suffering was foreseeable, Bolton v. Caine, 584 A.2d 615, 618 (Me. 199
Page 1 2 Maine Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|