Loughner v. Schmelzer

¶1Opinion by.

¶2The sole question in this case is a narrow one. In an action of trespass for damages resulting from a collision of two automobiles is it a reversible error to admit, over plaintiffs’ objection, evidence that the plaintiff was convicted before the Quarter Sessions Court of a violation of The Vehicle Code, Act of April 29, 1959.,' P. L. .58, §1004, 75 P.S. §1004, namely, failure to drive on the right half of the highway?* We hold that evidence of the conviction of a traffic violation or of small misdemeanors is not admissible in a civil suit for dhm*285ages arising out of the same traffic violation or lesser misdemeanors.

¶3Plaintiffs, who are husband and wife, brought this action in trespass against defendant for damages arising out of the collision of plaintiffs’ and defendant’s automobiles. Each party alleged that the other was driving on the wrong side of the road. The jury returned a verdict for defendant and plaintiffs’ motion for a new trial was dismissed. After judgment was entered on the verdict, plaintiffs thereupon appealed, alleging that the admission, over their objection, of evidence of a summary conviction of a violation of The Vehicle Code was reversible error. The decision of the lower Court must be reversed.

¶4In Hurtt v. Stirone, 416 Pa. 493, 206 A. 2d 624, the Court aptly said (page 499):“... we recognize a valid existing distinction in cases involving the record of conviction of relatively minor matters such as traffic violations, lesser misdemeanors, and matters of like import. Especially in traffic violations, expediency and convenience, rather than guilt, often control the defendant’s Trial technique’. . . . Compare also the effect given in Pennsylvania to a plea of nolo contendere : Teslovich v. Fireman’s Fund Ins. Co., 110 Pa. Superior Ct. 245, 168 A. 354 (1933). The policy shifts with regard to major criminal convictions such as the one presented.”

¶5We have held that an important distinction exists between traffic violations and lesser misdemeanors on the one hand and felonies and their consequences on the other hand. The law with respect to the latter class of cases may be found in Pennsylvania Turnpike Commission v. U. S. Fidelity & Guaranty Co., 412 Pa. 222, 194 A. 2d 423; Kravitz Estate, 418 Pa. 319, 211 A. 2d 443; Commonwealth v. Evans, 399 Pa. 387, 160 A. 2d 407; Greifer's Estate, 333 Pa. 278, 5 A. 2d 118; Mineo v. Eureka Security Fire & Marine Insurance Co., *286182 Pa. Superior Ct. 75, 125 A. 2d 612; and Hurtt v. Stirone, 416 Pa. 493, supra.

¶6Our conclusion is strengthened by The Vehicle Code, §1211, supra, which prohibits the introduction in future civil actions of pleas of guilty and pleas of nolo contendere, or payment of fines in summary conviction cases.* We see no valid distinction between a guilty plea and a verdict of guilty in summary conviction cases. In short, we hold that the evidence of plaintiff’s conviction of a violation of The Vehicle Code was inadmissible in this civil action.

¶7Judgment reversed and new trial granted.