On July 15, 1992, Ms. Adelle C. Cannady was injured when another car struck the vehicle in which she was a passenger. Ms. Cannady brought suit against the Department of Transportation (DOT), alleging that a proximate cause of the collision was negligent maintenance of the highway. DOT denied liability, contending that the sole proximate cause of the collision was the negligence of the other driver who was speeding in a vehicle equipped with defective tires. Prior to trial, DOT filed a motion in limine seeking to prohibit Ms. Cannady from introducing evidence that the superelevation and cross-slope of the road, as it originally was designed and constructed in 1931, had been deleted for cost reasons in a 1989 resurfacing project and was not restored until three weeks after the collision. The trial court denied the motion, and the evidence was admitted at trial. The jury returned a verdict in favor of Ms. Cannady and, in the appeal from the judgment entered on that verdict, DOT enumerated as error the admission of the evidence of its post-collision remedial actions. Citing
Medi-Clean Services v. Hill,
*428 [t]he evidence that, after the collision, the superelevation and proper cross-slope were restored to the pre-1989 condition as called for under the 1931 design plans was relevant and material to show that the absence of such conditions was negligent maintenance and that the restoration was not a change in condition within the evidentiary rule.
Department of Transp. v. Cannady,
1. In a negligence case, evidence of subsequent remedial action is not admissible “for the purpose of showing that the defendant recognizes and admits his negligence. [Cit.]”
Brooks v. Cellin Mfg. Co.,
This is a negligence case in which DOT’s liability was dependent in part upon whether, at the time of the collision, it had maintained, the configuration of the highway in accordance with the generally accepted engineering and design standards which were in effect in 1931. See
Daniels v. Dept. of Transp.,
2. Ms. Cannady contends that the evidence was properly admitted pursuant to several recognized exceptions to the general rule of inadmissibility, but DOT responds that no exception is applicable here. Even if the evidence of subsequent repairs should have been excluded as irrelevant, the trial court’s erroneous evidentiary ruling does not require reversal unless DOT was harmed thereby. Considering the legal rationale for exclusion of the evidence, there would be no harm if DOT otherwise admitted its negligence in eliminating the original superelevation and cross-slope in 1989, and was not deterred from the restoration of those conditions. It appears that DOT, in effect, did admit its negligence by conceding that it had failed to maintain the highway in accordance with the original 1931 plans. See Daniels v. Dept. of Transp., supra. The only disputed issue was whether DOT’s negligence in that regard was a proximate cause of the collision or whether the sole proximate cause was the negligence of the driver of the other car. DOT was not deterred from returning the highway to its original condition, because the need for the repair work was undisputed and the delay was attributable only to a lack of funding. Under these circumstances, even if the evidence of subsequent repairs was erroneously admitted, the error was harmless because it had no negative impact on DOT’s proximate cause defense to its liability for the negligent maintenance of the highway. Accordingly, even if the evidence was not admissible pursuant to certain exceptions to the general exclusionary rule, the judgment of the Court of Appeals must be affirmed.
Judgment affirmed.
