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Sanchez v. Wiley9/19/1997
id you have a valid driver's license at the time of this collision?
A. No, sir.
Q. Where was that license?
A. It had been revoked.
Q. Now we're probably getting into the second revocation of your license; is that correct?
A. Right.
Q. Sometimes we use words interchangeably, and talk about suspended and revoked. Do you mean those things to equal the same thing?
A. Yes, sir.
Q. So you had your license suspended for a year after your second DWI. Did you ever get your license back after that?
A. Yes, sir.
Q. So it was around 1992?
A. '92 or '93.
Q. Then what happened?
A. Then I got another DWI.
Q. So you've had three DWI's?
A. Yes, sir.
Q. What happened then?
A. They revoked my license for five years.
Q. How did you get down here today?
{23} From the line of questioning, we perceive that Wiley was responding to the questions directed at the period of time just prior to the accident. Nothing stated indicates that Wiley was intentionally withholding information regarding his later DWI convictions or his later license revocation. Plaintiff did not ask about the period of time between the accident and the deposition. Thus, Wiley did not have reason to refer to the DWI convictions or the license revocation. Under these circumstances, the trial court did not abuse its discretion by refusing to allow the deposition to be used to impeach Wiley. See (admission or exclusion of evidence is within sound discretion of trial court).
Conclusion
{24} Based on the foregoing, we hold that Plaintiff did not waive her right to appeal the trial court's decision. We affirm the trial court's decision with respect to the use of the deposition to impeach Wiley. We reverse the trial court's decision to grant a directed verdict and remand to the trial court for trial of the punitive damages claim. Plaintiff is awarded her costs on appeal.
{25} IT IS SO ORDERED.
JAMES J. WECHSLER, Judge
WE CONCUR:
THOMAS A. DONNELLY, Judge
M. CHRISTINA ARMIJO, Judge
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