State v. Fruitts

414 P.3d 881, 290 Or. App. 222
CourtCourt of Appeals of Oregon
DecidedFebruary 14, 2018
DocketA156168
StatusPublished

This text of 414 P.3d 881 (State v. Fruitts) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Fruitts, 414 P.3d 881, 290 Or. App. 222 (Or. Ct. App. 2018).

Opinion

LAGESEN, J.

*224Defendant, while driving, collided with a road-worker who was repairing potholes along with a crew of other workers. For that conduct, a jury convicted defendant of one count of criminally negligent homicide, ORS 163.145.1 Defendant appeals, assigning error to the trial court's exclusion as irrelevant of testimony from two expert witnesses regarding recommended traffic safety guidelines for roadworkers, and whether the roadworkers involved with the collision complied with those guidelines, as well as two illustrations depicting what a driver would have seen had the roadworkers deployed the recommended safety measures. Defendant contends that the excluded evidence was relevant to two elements of the charge against him: (1) whether defendant caused the victim's death within the meaning of ORS 163.145 and ORS 163.005,2 and (2) whether defendant acted with "criminal negligence" under ORS 161.085(10)3 in causing the victim's death. We review the trial court's rulings on the relevance of the evidence for errors of law, State v. Titus , 328 Or. 475, 481, 982 P.2d 1133 (1999), and for the reasons that follow, affirm.

*225I. FACTS AND PROCEDURAL HISTORY

The facts pertinent to the issues on appeal are not in dispute. Defendant, while driving *884his girlfriend's SUV, became distracted by the radio and did not look up at the road for about 600 feet, except to check immediately over the dashboard. At the same time, on the road ahead of defendant, a four-man road crew was patching potholes. They worked from a flatbed pickup, hopping out to fix potholes as they drove along. The pickup was marked with a beacon, flashers, and flashing hazard lights, and the workers wore bright vests. All four men on the road crew got out of the vehicle to fix two potholes.

Defendant did not see the pickup until it was too late to avoid a collision. When he saw the crew diving out of the way of his vehicle, defendant swerved to the left and slammed on the brakes. At that moment, defendant struck one of the crewmembers with his vehicle. The crewmember died as a result of the collision, and defendant was subsequently charged with criminally negligent homicide, among other crimes.

Before trial, the state moved in limine to preclude defendant from introducing evidence "related to signage and construction zone standards," arguing that it was irrelevant and inadmissible under State v. Curtiss , 193 Or. App. 348, 89 P.3d 1262, rev. den. , 337 Or. 282, 96 P.3d 347 (2004), which held that another's contributory negligence is not a defense to a charge of reckless homicide. In response, defendant argued that he should be able to introduce evidence from two experts, Thomas Fries and Scott McCanna, about the traffic safety guidelines applicable to roadworkers.4 Generally speaking, that evidence would have shown that the road crew did not follow the recommended safety guidelines when setting up temporary traffic control devices as they worked, and that the warnings that the road crew did employ would not have *226alerted a reasonable driver that the driver was entering a work zone. In addition, defendant also argued that he should be entitled to introduce into evidence two illustrations depicting what the road would have looked like to a driver in defendant's position had the road crew complied with the applicable traffic safety recommendations. Defendant argued that the evidence that the road crew did not comply with applicable safety guidelines, as well as the evidence about how the road would have looked had the crew complied with those guidelines, was relevant to whether his conduct caused the victim's death for purposes of the criminal homicide statutes. Defendant further argued that evidence about the deficiencies in the road crew's safety markings was probative of whether defendant's conduct was criminally negligent and, in particular, probative of whether defendant's failure to recognize that the risk of harm posed by his inattentiveness to the road was a gross deviation from the standard of care. Finally, defendant also contended that the road crew's contributory negligence should be a cognizable defense to the criminal charges against him, notwithstanding Curtiss .

The trial court ruled that evidence regarding the applicable guidelines and the road crew's failure to comply with them, evidence regarding how the road would have looked if the crew had complied with the guidelines, and evidence addressing the adequacy of the markings that the road crew did use was not relevant, and precluded defendant from introducing it. In so doing, the court relied heavily on our decision in Curtiss .

On appeal, defendant argues that the trial court erred in excluding the evidence. Although defendant acknowledges that, under Curtiss , the evidence was not relevant to show that the road crew's negligence was a contributing cause of the victim's death, defendant argues that the evidence was probative both as to whether defendant was a cause of the victim's death, and as to whether, in causing the victim's death, defendant acted "with criminal negligence," as the jury was required to find to convict him of criminally negligent homicide under ORS 163.145. The state responds that the trial court properly excluded the evidence and, alternatively, that any error was harmless.

*885*227II. ANALYSIS

We analyze defendant's theories of relevance in turn.

A. Causation

Defendant contends that the excluded evidence was relevant to causation.

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

Related

State v. Lewis
290 P.3d 288 (Oregon Supreme Court, 2012)
State v. Davis
77 P.3d 1111 (Oregon Supreme Court, 2003)
State v. Titus
982 P.2d 1133 (Oregon Supreme Court, 1999)
State v. HREN
241 P.3d 1168 (Court of Appeals of Oregon, 2010)
State v. Curtiss
89 P.3d 1262 (Court of Appeals of Oregon, 2004)
State v. Turnidge
374 P.3d 853 (Oregon Supreme Court, 2016)
State v. Stringer
618 P.2d 1309 (Court of Appeals of Oregon, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
414 P.3d 881, 290 Or. App. 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fruitts-orctapp-2018.