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Vestre v. Lambert8/20/1991
rporates the time-honored practice of allowing the accused in a criminal case to introduce evidence of his good character. The prosecution may then rebut the same. The rule has no application in civil cases unless the character trait is an essential element of the charge, claim, or defense. A character trait of tardiness is not an essential element of an action alleging negligent driving."
Lindberg, 693 P.2d at 1242. Such is the case here. Pine's community involvement is not an essential element of an action to recover under any of the theories presented in this case: misrepresentation, recovery on a promissory note, fraud, negligent misrepresentation, negligent construction or breach of warranty.
We conclude that the District Court erred in allowing Pine's testimony on his community activities, and that such testimony should not be presented on retrial.
We find it unnecessary to address the remaining issues. We note the contradiction in the "negligence" section of the jury verdict form where the jury found negligence on the part of defendants and yet concluded the total damages to be zero. This should be considered on re-trial.
Reversed and remanded.
CHIEF JUSTICE TURNAGE and JUSTICES McDONOUGH, TRIEWEILER and GRAY concur.
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