Barker v. Clark

33 S.W.3d 476, 343 Ark. 8, 2000 Ark. LEXIS 565
CourtSupreme Court of Arkansas
DecidedNovember 30, 2000
Docket00-424
StatusPublished
Cited by34 cases

This text of 33 S.W.3d 476 (Barker v. Clark) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barker v. Clark, 33 S.W.3d 476, 343 Ark. 8, 2000 Ark. LEXIS 565 (Ark. 2000).

Opinions

DONALD L. Corbin, Justice.

Appellant Ronnie Barker and Appellee Charles Clark both petition this court for review from a 4-2 decision by the Arkansas Court of Appeals. In Barker v. Clark, 69 Ark. App. 375, 13 S.W.3d 190 (2000), the court of appeals affirmed the decision of the Faulkner County Circuit Court limiting discovery on the issues of Appellee’s driving record and liability insurance, but reversing the trial court’s denial of a jury instruction on the doctrine of res ipsa loquitur and remanding the matter for a new trial. Our jurisdiction of this matter is pursuant to Ark. Sup. Ct. R. 1 — 2(e) (ii). When we grant review following a decision by the court of appeals, we review the case as though it had been originally filed with this court. Matthews v. Jefferson Hosp. Ass’n, 341 Ark. 5, 14 S.W.3d 482 (2000). We affirm the decision of the trial court.

The record reflects that on the evening of July 21, 1996, a two-by-four piece of plexiglass flew off of Appellee’s truck’s camper shell and struck Appellant’s vehicle, breaking the windshield and damaging the body of the vehicle. Both parties pulled to the side of the road, where Appellant told Appellee what had happened. Appellee denied owning any plexiglass, and stated that he did not know how the plexiglass came to rest on top of his truck’s camper shell. Appellee explained that he lived right off the highway, next to a gas station and lumber yard, and that it was possible that the plexiglass had fallen off of a passing truck and had then been tossed on top of his truck. Police responded to the scene of the accident, and Appellee presented Officer Screeton with a Texas driver’s license. No traffic citations were issued. Appellee ultimately left the scene of the accident with the piece of plexiglass.

Appellant successfully pursued a negligence claim against Appellee in municipal court, and was awarded $1,738.82 in damages. Appellee appealed that decision to the circuit court, and a jury trial was held on February 26, 1999. Prior to the trial, Appellant sought discovery of certain information that he believed to be impeachment evidence. This information included Appellee’s addresses for the last fifteen years; the disclosure of any moving violations of Appellee’s for the last fifteen years; and information related to Appellee’s vehicular insurance for the last fifteen years. Appellant argued that all of this information was relevant for his preparation of cross-examination of Appellee. Appellant pointed out that Appellee’s Texas license had been suspended thirteen years ago, after he received four speeding tickets in one year. Appellant contended that the information about any moving violations was relevant because it could prove that Appellee had a motive for lying to police regarding his ownership of the plexiglass. The trial court ordered Appellee to provide Appellant with the information regarding his addresses for the last fifteen years, and also ordered Appellee to disclose information about any moving violations that involved overloading or failure to secure a load. The trial court denied Appellant’s remaining request.

At trial, Appellant attempted to elicit testimony regarding a computer printout that showed that Appellee’s Texas driver’s license number differed from the number included in the police incident report. Appellant argued that Appellee presented Officer Screeton with a fraudulent driver’s license. The trial court sustained Appellee’s hearsay objection to the introduction of the printout. Appellant also sought a jury instruction on the theory of res ipsa loquitur. The trial court denied the proffered instruction, ruling that the case was a simple negligence action. The jury returned a verdict in favor of Appellee. Appellant then appealed the trial court’s order limiting discovery and its order refusing the res ipsa instruction. The court of appeals affirmed on the evidentiary and discovery issues, but reversed and remanded for a new trial on the issue of res ipsa loquitur. We affirm the trial court’s rulings.

I. Evidentiary Issues

For his first point on appeal, Appellant argues that the trial court abused its discretion when it denied his request for discovery of impeachment evidence. Appellant argues that the information sought was relevant and went to Appellee’s state of mind, credibility, bias, motive, and intent for giving a fraudulent driver’s license. Specifically, Appellant alleged that Appellee had a pecuniary interest in avoiding the filing of an insurance claim against him. We decline to address the pecuniary-interest argument because Appellant failed to obtain a ruling on that issue. The record demonstrates that the trial court simply denied Appellant’s discovery request on the ground that the information sought was irrelevant. It is well settled that the failure to obtain a ruling from the trial court is a procedural bar to our consideration of the issue on appeal. See Ross Explorations, Inc. v. Freedom Energy, Inc., 340 Ark. 74, 8 S.W.3d 511 (2000) (citing Vanderpool v. Fidelity & Cas. Ins. Co., 327 Ark. 407, 939 S.W.2d 280 (1997); Howard v. Northwest Arkansas Surgical Clinic, 324 Ark. 375, 921 S.W.2d 596 (1996)).

Turning now to the issue of relevancy, Ark. R. Evid. 401 defines relevant evidence as “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” This court has held that the trial court’s findings regarding relevancy of evidence are entitled to great weight, and will not be reversed absent an abuse of discretion in this matter. Travelers Ins. Co. v. Smith, 338 Ark. 81, 991 S.W.2d 591 (1999); Arthur v. Zearley, 337 Ark. 125, 992 S.W.2d 67 (1999). Here, the information sought about Appellee’s prior traffic violations or problems with insurance were in no way relevant to the issue of whether Appellee was negligent in this instance. Moreover, the trial court correctly ruled that information related to Appellee’s liability insurance could not be introduced into evidence. See Hively v. Edwards, 278 Ark. 435, 646 S.W.2d 688 (1983) (holding that evidence of liability insurance ordinarily excluded because of its lack of relevance).

Appellant also argues that it was error for the trial court to preclude Officer Screeton from testifying about a computer printout that showed Appellee’s Texas driver’s license number differed from the number included in the police incident report. The trial court ruled that such testimony amounted to inadmissable hearsay evidence. The printout was not offered into evidence, and the officer asked to testify about the printout was not the person who compiled the information. We have held that a trial court is accorded wide discretion in evidentiary rulings, and will not be reversed on such rulings absent a manifest abuse of discretion. See Kail v. State, 341 Ark. 89, 14 S.W.3d 878 (2000). Accordingly, we cannot say that the trial court abused its discretion.

II. Res Ipsa Loquitur

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Cite This Page — Counsel Stack

Bluebook (online)
33 S.W.3d 476, 343 Ark. 8, 2000 Ark. LEXIS 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barker-v-clark-ark-2000.