806 N.W.2d 558
Minn. Ct. App.2011Background
- Appellant Jeremy Scott Nelson was convicted on three counts of criminal vehicular homicide (CVH) after colliding with Carlson’s ATV on County Road 1 at about 3:00 a.m.
- Evidence showed Carlson’s BAC was .15 after the crash, though Carlson’s alcohol consumption earlier was disputed and Carlson’s lights on his ATV were illuminated before entering the ditch.
- Appellant and Carlson had been drinking earlier; appellant was speeding and intoxicated at the time of the collision, while Carlson drove an unlit ATV with no side-view mirror.
- The collision occurred after both vehicles entered the same eastbound ditch, with Carlson’s ATV veering into appellant’s path shortly before impact; appellant struck Carlson from behind.
- The district court excluded Carlson’s alcohol consumption evidence and also excluded Spreigl evidence of appellant’s prior traffic and DWI violations; the court also refused a causation-related jury instruction proposed by appellant.
- Appellant did not testify at trial; the jury heard expert testimony on intoxication and accident reconstruction, and the court sentenced appellant to 48 months for the CVH-gross negligence count, with convictions on all three counts reversed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exclusion of victim’s alcohol evidence on causation | Nelson | Nelson | Abused discretion; evidence relevant to causation was improperly excluded. |
| Causation instruction definition | Nelson sought a substantial-factor causation instruction including direct-cause language. | Court gave a causation instruction but did not include substantial-factor definition. | Abused discretion; jury needed a substantial-factor definition consistent with Jaworsky; errors not harmless. |
Key Cases Cited
- Jaworsky v. State, 505 N.W.2d 638 (Minn. App. 1993) (defines proximate cause in criminal vehicular cases as a substantial factor in bringing about the death)
- Canada v. McCarthy, 567 N.W.2d 496 (Minn. 1997) (civil substantial-factor standard used in criminal cases to define proximate cause)
- Dunagan, 521 N.W.2d 355 (Minn. 1994) (reliance on substantial-factor test in CVH cases)
- Hofer v. City of Brooklyn Park, 614 N.W.2d 734 (Minn. App. 2000) (intervening/superseding causes and concurrent negligence discussed)
- C.P.W., In re Welfare of, 601 N.W.2d 204 (Minn. App. 1999) (substantial-factor causation framework for CVH)