Shawhan v. Polk County

420 N.W.2d 808, 86 A.L.R. 4th 1125, 1988 Iowa Sup. LEXIS 71, 1988 WL 22656
CourtSupreme Court of Iowa
DecidedMarch 16, 1988
Docket86-963
StatusPublished
Cited by26 cases

This text of 420 N.W.2d 808 (Shawhan v. Polk County) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shawhan v. Polk County, 420 N.W.2d 808, 86 A.L.R. 4th 1125, 1988 Iowa Sup. LEXIS 71, 1988 WL 22656 (iowa 1988).

Opinions

SCHULTZ, Justice.

This appeal involves the admissibility of evidence showing an accident victim’s past use of illegal drugs. Kimberly Kay Sha-whan and her parents L. Dale and Delores A. Shawhan sued Polk County for damages arising from injuries suffered by Kimberly in a one-vehicle accident. Plaintiffs alleged that defendant was negligent in the construction and maintenance of the rural road where the accident occurred. At trial the court admitted evidence of Kimberly’s past illegal drug use. While we believe the evidence should have been excluded, the record affirmatively demonstrates that the evidence did not affect the outcome of the trial. Because substantial rights of the plaintiffs were not affected by the court’s ruling, we affirm.

In January 1980 Kimberly, then age 18, became intoxicated at a local tavern. Later, after leaving the tavern she drove an automobile off the road and into an embankment. As a result of the accident she suffered severe, permanent, and disabling brain damage. A physician testified that it would be almost impossible for her to ever live independently and without supervision.

Kimberly sought damages for her permanent disability, continued pain and suffering, and future expenses. She withdrew her claim of damages for loss of earnings or earning capacity. The parents sought damages for the cost of providing for her support and maintenance.

Over plaintiffs’ objection the court admitted into evidence excerpts from two depositions concerning Kimberly’s past use of marijuana, cocaine, “acid,” and “speed.” There was no evidence that Kimberly had used these drugs at any time proximate to her accident or that her past drug use in any way contributed to the accident. The evidence of past drug use was offered by defendant as bearing on Kimberly’s life expectancy, a matter raised by plaintiffs’ claims for damages. Plaintiffs objected to this evidence, raising the issues of whether it was relevant, see Iowa R.Evid. 401, 402, and if so whether its probative value was outweighed by the potential for unfair prejudice if allowed, see Iowa R.Evid. 403. We must decide whether the trial court abused its discretion in admitting this evidence and, if it did err, whether substantial rights of the plaintiffs were affected, see Iowa R.Evid. 103(a).

Evidence is relevant when it has “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.” Iowa R.Evid. 401. However, even relevant evidence is not admissible “if its probative value is substantially outweighed by the danger of unfair prejudice.” Iowa R.Evid. 403. Issues of relevancy and prejudice are matters normally left to the discretion of the trial court; we reverse the trial court only when we find a clear abuse of that discretion. State v. Roth, 403 N.W.2d 762, 765 (Iowa 1987).

Defendant urges that evidence concerning Kimberly’s past drug use is admissible under the general rule that evidence of a plaintiff’s sobriety or intemperance is relevant to issues of life expectancy. See Century “21Shows v. Owens, 400 F.2d 603, 610 (8th Cir.1968); cf. Iowa-Des Moines Nat’l. Bank v. Schwerman Trucking Co., 288 N.W.2d 198, 201 (Iowa 1980); Ehlinger v. State, 237 N.W.2d 784, 792 (Iowa 1976). [810]*810However, we have serious doubts whether the evidence of Kimberly’s past drug use would be relevant to any material issue, especially since there was no foundational proof that adolescent drug use lessens life expectancy. Given her present condition and need for supervision it is highly unlikely that she will ever be able to use drugs in the future.

Despite our concerns with the trial court’s resolution of this matter we need not decide whether the evidence was relevant. We hold that even if the evidence was relevant the trial court abused its discretion in concluding that the probative value of the evidence outweighed the danger of unfair prejudice. See Iowa R.Evid. 403. The challenged evidence was that Kimberly used marijuana four to five times a week and occasionally used cocaine, “acid” and “speed.” Assuming that this evidence was in some sense relevant, we conclude that its probative value is negligible. There was no showing whatsoever that her use of illegal drugs had any relation to the car accident, and there was no evidence that Kimberly’s adolescent drug use, which has since been discontinued, will have any significant effect on her life expectancy.

In contrast to the lack of probative value, the potential this evidence has for causing unfair prejudice is high. See Harless v. Boyle-Midway Div., Am. Home Prod., 594 F.2d 1051, 1058 (5th Cir.1979) (testimony concerning isolated marijuana use is “precisely the type of highly prejudicial evidence that should be excluded.”); United States v. Ong, 541 F.2d 331, 339-40 (2d Cir.1976), cert. denied, 429 U.S. 1075, 97 S.Ct. 814, 50 L.Ed.2d 793 (1977) (“there are few subjects more potentially inflammatory than narcotics and thus such evidence should usually be excluded in a non-narcotics trial”). Confronted with this evidence of prior drug use there is serious danger that a jury would conclude that Kimberly was a “bad person” and thus less entitled to recover damages. We hold that the trial court abused its discretion in admitting this highly prejudicial evidence.

Our conclusion that the trial court improperly allowed evidence of past drug use does not end our inquiry. Not all evidentiary errors require reversal of the trial court judgment. Iowa Rule of Evidence 103(a) states that “[ejrror may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected.” While a presumption of prejudice arises when the trial court has received inadmissible evidence over proper objection, that presumption will not suffice if the record demonstrates a lack of prejudice. See Beeck v. Aquaslide ‘n’ Dive Corp., 350 N.W.2d 149, 170 (Iowa 1984); Vine St. Corp. v. City of Council Bluffs, 220 N.W.2d 860, 863 (Iowa 1974). In addition, we must construe our rules of evidence “to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.” Iowa R.Evid. 102. Consequently, this court should reverse only when justice would not be served by allowing the trial court judgment to stand.

With these principles in mind, we conclude that the evidentiary error does not require reversal, because it did not affect a substantial right of the plaintiffs. See Iowa R.Evid. 103(a). Evidence of Kimberly’s previous drug use was offered on the issue of life expectancy, a matter relevant to the issue of damages.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hill v. Glenwood Resource Center
Court of Appeals of Iowa, 2023
State of Iowa v. Tristin Alderman
Court of Appeals of Iowa, 2020
State of Iowa v. Steven W. Chaney
Court of Appeals of Iowa, 2018
State of Iowa v. Timothy Dale Brownlee
Court of Appeals of Iowa, 2018
Britney Tibodeau v. Cdi, LLC
Court of Appeals of Iowa, 2017
State v. Sullivan
679 N.W.2d 19 (Supreme Court of Iowa, 2004)
McClure v. Walgreen Co.
613 N.W.2d 225 (Supreme Court of Iowa, 2000)
Duncan v. City of Cedar Rapids
560 N.W.2d 320 (Supreme Court of Iowa, 1997)
East Broadway Corp. v. Taco Bell Corp.
542 N.W.2d 816 (Supreme Court of Iowa, 1996)
Ward v. Loomis Bros., Inc.
532 N.W.2d 807 (Court of Appeals of Iowa, 1995)
Grefe & Sidney v. Watters
525 N.W.2d 821 (Supreme Court of Iowa, 1994)
Stumpf v. Reiss
502 N.W.2d 620 (Court of Appeals of Iowa, 1993)
Kalell v. Petersen
498 N.W.2d 413 (Court of Appeals of Iowa, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
420 N.W.2d 808, 86 A.L.R. 4th 1125, 1988 Iowa Sup. LEXIS 71, 1988 WL 22656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shawhan-v-polk-county-iowa-1988.