First driver driving on suspended license when another driver runs yield sign hitting first driver. Second driver, my client, is killed. First driver is convicted of 1st degree manslaughter, a felony, because of driving under suspension. Can I succeed with civil claim against first driver?
Answer: Yes. See: Benham v. Plotner, 795 P.2d 510 (Okla. 1990): A final conviction is conclusive of the facts necessary to establish the judgment, citing Lee v. Knight, 771 P.2d 1003 (Okla. 1989). A conviction pending on appeal is admissible, but is not conclusive. Party against whom offered may offer explanatory evidence. The conviction makes it a slam dunk on liability.
Thu, December 8, 2011
by Sharon Coleman filed under