The Tennessee Supreme Court has overturned long-standing precedent and ruled that, in a civil case dealing with the same issues as a criminal case where the defendant has been convicted, the defendant cannot argue his innocence in the civil case. Ms. Bowen ex rel. John Doe, “N” v. William E. Arnold, Jr. et al., No. M2015-00762-SC-R11-CV (Tenn. Sept. 29, 2016). This is a legal principle called “collateral estoppel,” which provides that, when an issue has been litigated and determined by a valid judgment, that determination is conclusive in a subsequent action between the parties. Specifically, “offensive collateral estoppel” refers to a plaintiff attempting to prevent a defendant from re-litigating an issue that the defendant has previously litigated and lost.
In prosecutions, the parties involved are the criminal defendant and the State of Tennessee (or a municipality in an ordinance violation). However, in a civil suit based on a crime, the parties are the civil defendant and the alleged victim of the crime. Until last week, Tennessee has ruled that a criminal conviction cannot serve as the basis for collateral estoppel because the parties in the cases are not the same. The Supreme Court overruled that precedent and have now deemed that “
What does this mean if I’m charged with a crime?
If you are charged with a crime that has an alleged victim, this means that a guilty plea can open you up for civil damages. For example, if you are charged with failure to yield in a car accident, by paying the ticket you are essentially precluding any defense in a civil case. All of a sudden paying that ticket can open you up to extensive damages in a lawsuit, and legally you will not be able to argue that you didn’t cause the accident. Pleading guilty to any assault charge would carry the same potential civil harm, and open yourself up to waiving any defense to a civil battery case or order of protection. If you believe that you have any potential civil liability based on a criminal charge, you should not consider any guilty plea without first consulting your lawyer. Your plea could result in a huge financial lost by legally waiving your right to defend yourself in civil courts.
If you are facing criminal charges in Sevierville, Seymour, Gatlinburg, Pigeon Forge or throughout Tennessee, or you have been seriously injured in an auto accident, you want the Law Office of Bryan E. Delius on your side. Our team takes on the tough injury and defense cases, and offers non-nonsense, practice advice for your needs. To learn more about our services, or to schedule a consultation with an experienced Sevierville personal injury attorney, please call (865) 428-8780, or fill out our contact form.
Attorney Bryan E. Delius was born and raised in Sevier County, TN. He founded Delius & McKenzie more than 20 years ago, after receiving his JD from the University of Tennessee at Knoxville. He is admitted in Tennessee and in several federal court systems. Learn more about Bryan E. Delius.
