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Keywords

lawsuittortdefendantnegligencetrialverdictwillcross-examinationcontributory negligence
tortdefendantnegligenceappealtrialverdictmotionwillcross-examinationcontributory negligence

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Williams v. Harrison, 255 Va. 272, 497 S.E.2d 467

Facts

On December 14, 1994, Harvey R. Williams, Jr. was driving at high speeds through a subdivision in Fairfax County, followed by Jeffrey L. Harrison. After Harvey braked suddenly, Harrison attempted to avoid a collision by moving into a turn lane, but both vehicles ended up in the same lane, resulting in a crash that killed Harvey. Harrison was later convicted of involuntary manslaughter in connection with the incident. Harvey's estate, represented by his father, filed a wrongful death lawsuit against Harrison, which culminated in a jury verdict in favor of Harrison.

On the night of December 14, 1994, Harvey R. Williams, Jr. (Harvey), Jeffrey L. Harrison, and two of their friends were driving through a subdivision in Fairfax County in four separate cars.

Issue

Whether the trial court erred in allowing Harrison to assert the defense of contributory negligence despite his manslaughter conviction, whether the court erred in refusing to instruct the jury on the last clear chance doctrine, and whether the court improperly limited cross-examination of Harrison.

Williams raises three issues on appeal: (1) whether the trial court erred in denying his motion in limine and allowing Harrison to assert the defense of contributory negligence, despite Harrison's manslaughter conviction; (2) whether the trial court erred in refusing to instruct the jury on last clear chance; and (3) whether the trial court improperly limited the scope of Williams' cross-examination of Harrison.

Rule

The court ruled that the ex turpi causa doctrine does not prevent a defendant from raising contributory negligence as a defense in a negligence-based wrongful death action, and that the last clear chance doctrine applies only under specific circumstances that were not met in this case.

We find that ex turpi causa should not be extended to preclude the contributory negligence defense in these circumstances.

Analysis

The court found that the trial court did not err in allowing Harrison to assert contributory negligence, as the wrongful death action was based on negligence rather than an intentional tort. The court also determined that the last clear chance doctrine was inapplicable because there was no evidence that Harvey was physically incapacitated or unaware of his peril, and that his actions were a proximate cause of the accident.

The holding in Matthews, that an action for an intentional tort may not be defended with allegations of contributory negligence, is inapplicable to the instant case because Williams' action here was premised on a negligence theory.

Conclusion

The Supreme Court affirmed the trial court's judgment, concluding that the trial court did not err in its rulings regarding contributory negligence, the last clear chance doctrine, or the limitation on cross-examination.

Accordingly, we find that the trial court did not err in denying Williams' motion in limine and allowing the defendant to raise contributory negligence as a defense.

Who won?

Jeffrey L. Harrison prevailed in the case because the court found that he was entitled to assert the defense of contributory negligence, and the estate failed to meet the necessary criteria for the last clear chance doctrine.

The jury returned a verdict in favor of Harrison.

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