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SPARKS v. GILLEY TRUCKING CO., INC.

No. 92-1547.

992 F.2d 50 (1993)

Milton E. SPARKS, Plaintiff-Appellant, v. GILLEY TRUCKING COMPANY, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 21, 1993.

Attorney(s) appearing for the Case

James Collins Landstreet, II, Cowan & Landstreet, Elizabethton, TN, argued, for plaintiff-appellant.

Frank Parrott Graham, Roberts, Stevens & Cogburn, P.A., Asheville, NC, argued, for defendant-appellee.

Before WILKINSON and NIEMEYER, Circuit Judges, and MORGAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

The principal issue presented in this appeal is whether evidence of prior speeding tickets may be admitted under Federal Rule of Evidence 404(b) to prove negligence in an automobile tort case. We hold that in the circumstances of this case it was prejudicial error for the district court to have admitted such evidence, and we therefore vacate the judgment and remand the case for a new trial.

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