Yeager v. Adkins ( 1995 )

Yeager v. Adkins
250 Va. 1 (1995)
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VIRGINIA:
In the Supreme Court of Virginia held at the Supreme court
Building in the City of Richmond, on Friday, the 9th day of June,
1995.
Leonard Jewell Yeager, Appellant,
against Record No. 941437
Circuit Court No. L1373
Stephen Andrew Adkins, Appellee.
Upon an appeal from a judgment rendered by the
Circuit Court of Madison County on the 20th day of May,
1994.
Upon consideration of the record, briefs, and argument of
counsel, the Court is of opinion that there is no error in the
judgment appealed from.
Appellant, Leonard Jewell Yeager, filed this action against
appellee, Stephen Andrew Adkins, seeking to recover damages for
personal injuries Yeager sustained in an automobile accident.
Adkins, the driver of the only car involved in the accident, was
arrested and charged with reckless driving. Code § 46.2-852.
Adkins signed a summons stating in relevant part: "I promise to
appear in accordance with this Summons. . . . SIGNING THIS
NOTICE DOES NOT CONSTITUTE AN ADMISSION OF GUILT." He did not
post a cash bond as security for his appearance.
Adkins failed to appear in general district court, was
convicted of reckless driving, and subsequently paid a fine and
court costs. Yeager unsuccessfully sought to present evidence of
this conviction in the trial of his tort action against Adkins.
Yeager, relying upon Code § 8.01-418, argues that Adkins'
failure to appear in the general district court proceedings and
his subsequent payment of a fine constituted a forfeiture and,
thus, evidence of the judgment of the general district court is
admissible. Code § 8.01-418 states:
Whenever, in any civil action, it is contended
that any party thereto pled guilty or nolo contendere
or suffered a forfeiture in a prosecution for a
criminal offense or traffic infraction which arose out
of the same occurrence upon which the civil action is
based, evidence of said plea or forfeiture as shown by
the records of the criminal court shall be admissible.
Where the records of the court in which such
prosecution was had are silent or ambiguous as to
whether or not such plea was made or forfeiture
occurred the court hearing the civil case shall admit
such evidence on the question of such plea or
forfeiture as may be relevant, and the question of
whether such plea was made or forfeiture suffered shall
be a question for the court to determine.
We hold that the trial court did not err by refusing to
admit evidence of the judgment of the general district court.
The mere failure to appear in general district court to contest a
traffic offense and the subsequent payment of a fine and costs do
not constitute a forfeiture within the meaning of Code § 8.01-
418.
Accordingly, the judgment of the trial court is affirmed.
The appellee shall recover thirty dollars damages from the
appellant.
A copy of this order shall be certified to the circuit
court. This order shall be published in the Virginia Reports.
A Copy,
Teste:
David B. Beach, Clerk