Simpson v. Robinson

Opinion by

Jacobs, J.,

This appeal presents the narrow issue of whether the trial court erred in admitting into evidence over objection testimony that the defendant driver did not receive a traffic citation after he was involved in an accident in which appellants’ minor was injured.1 We hold that such evidence was inadmissible and grant a new trial.

The present action arose out of an accident in which Michael Lee Simpson, a seven year old boy, was struck while crossing the street by a vehicle operated by Wilson L. Robinson, defendant-appellee. A complaint in trespass was filed and the case…