Shawhan v. Polk County

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…