Branham v. Leaphart
Branham v. Leaphart
Opinion of the Court
This is an automobile negligence case. At trial, the judge refused to permit respondent (Branham) to impeach petitioner (Leaphart) with a statement contained in the police officer’s incident report. Branham appealed, and the Court of Appeals reversed. Branham v. Leaphart, 92-UP-028 (S.C. Ct. App. filed January 20, 1992). We granted certiorari, and now reverse the Court of Appeals.
Branham and Leaphart were the only witnesses to the accident, and each contended the other was at fault. At trial, Leaphart testified Branham hit her, and denied
The trial judge refused to allow Leaphart to be impeached by the report, ruling it was hearsay. See also S.C. Code Ann. § 56-5-1290 (1991) (certain reports may not be used for any purpose at trial or other proceeding to establish negligence). The Court of Appeals reversed, citing its decision in Ellison v. Pope, 290 S.C. 100, 348 S.E. (2d) 367 (Ct. App. 1986). We granted certiorari to correct any misimpression that Ellison extends to this situation.
In Ellison, the defendants voluntarily prepared and gave the investigating officer written accounts of the accident. In addition, the officer prepared his own written investigative report as required by S.C. Code Ann. § 56-5-1270 (1991). The officer filed his report and appended copies of the defendants’ handwritten statements. At trial, the court allowed the defendants to be impeached with statements from their own handwritten accounts. There was no attempt to use information in the police officer’s report. The defendants appealed, arguing their reports were protected by § 56-5-1290.
The Court of Appeals affirmed, holding that only the reports required by certain statutes
The situation in this case, however, differs significantly from that in Ellison. Here, Branham sought to impeach Leap-hart with a statement contained in the statutorily required report. Use of this report for this purpose is expressly barred by § 56-5-1290. Unlike the Court of Appeals, we attach no significance to the fact Leaphart’s signature appears on the report, especially since the only evidence in the record is that
Ellison permits impeachment by volunteered written statements; it does not extend to written reports required by statute. The trial judge properly refused to allow Branham to impeach Leaphart with the officer’s report. Accordingly, the decision of the Court of Appeals reversing this appeal and remanding it for new trial is, itself,
Reversed.
S.C. Code Ann. §§ 56-5-1260 to -1280 (1991).
Reference
- Full Case Name
- Candice BRANHAM v. Susan LEAPHART
- Status
- Published