Newman v. Larsen

BURKE, P. J.

Defendant was convicted in a prior criminal proceeding of assault with a deadly weapon, in violation of Penal Code section 245. At the conclusion of trial the information was amended, changing the word “deadly”

[23]

to “dangerous” and defendant was granted probation on conditions which included payment for damages resulting from the injuries. The victim of the assault thereafter brought this civil action for damages for assault and battery for the critical injuries sustained.

Counsel for plaintiff urged the collateral estoppel principle announced in

Teitelbaum Furs, Inc.

v.

Dominion Insurance Co., Ltd.,

58 Cal.2d 601, 607 [25 Cal.Rptr. 555, 375 P.2d 435], under which “... any issue necessarily decided in a prior criminal proceeding is conclusively determined as to the parties if it is involved in a subsequent civil action,” and moved to reopen the case to permit introduction into evidence of the file of the criminal proceedings in which defendant was convicted. The motion was granted over objection of defendant, the court remarking to counsel for defendant, “If you have a case which would deny the doctrine of

Teitelbaum,

then you would have judgment for the defendant.” After submission of the matter, judgment was entered for plaintiff from which defendant appeals.

The court held that the issue of liability of defendant for committing an assault with a dangerous weapon upon the person of plaintiff was established by his former conviction in the criminal proceeding and was binding upon the court in the civil proceeding.

The court gave judgment in favor of plaintiff for $25,000. Finding of fact XVI reads as follows: “Pursuant to the authority of the case of

Teitelbaum Furs, Inc.

v.

The Dominion Insurance Company, Ltd.,