Ulsh v. Denver Mattress: Court Limits Evidence of Driver’s Prior Traffic Infractions

Background

On May 8, 2023, Emily Ulsh and Ramo Topalovic were involved in a motor vehicle collision in Westminster, Colorado. Topalovic, an employee of Denver Mattress Co., LLC, was driving a 2022 Hino L6 box truck owned by his employer in the westbound lanes of 104th Avenue when the incident occurred. The collision was reported as a minor accident, and neither party initially reported injuries to responding law enforcement officers. However, Ulsh later alleged that she sustained physical injuries as a result of the crash and filed a civil action against both Topalovic and Denver Mattress Co. in Denver County District Court.

Pretrial Motion

Before trial, the defendants filed a motion in limine seeking to exclude any evidence or reference to Topalovic’s prior or subsequent traffic infractions. The defense argued that such evidence was irrelevant under Colorado Rules of Evidence (C.R.E.) 401 and 402, and that its probative value, if any, was substantially outweighed by the danger of unfair prejudice, confusion of issues, and misleading the jury under C.R.E. 403. The defendants also relied on C.R.E. 404(b)(1), which prohibits evidence of prior bad acts to show a person’s character or propensity to act in conformity with that character.

In support of their motion, the defense acknowledged that Topalovic had received four prior traffic citations but stated that none were issued while he was operating a Denver Mattress vehicle or acting within the scope of his employment. They argued that none of the exceptions listed under C.R.E. 404(b)(2) — such as motive, intent, knowledge, or absence of mistake — applied in this case. The defense asserted that any mention of Topalovic’s driving history would unfairly suggest to the jury that he was a careless or unsafe driver, creating an improper inference about his conduct during the 2023 collision.

Plaintiff’s Position

Ulsh’s counsel opposed the motion, arguing that evidence of prior driving infractions could become relevant if the defendants introduced claims that Topalovic was a careful or experienced driver. The plaintiff also contended that post-accident citations might demonstrate a continued pattern of negligent behavior relevant to credibility and the defendants’ claims about accident causation. The plaintiff maintained that any potential prejudice could be mitigated through jury instructions and limiting evidence to relevant instances.

Court’s Analysis

The Denver County District Court considered the admissibility of prior traffic infractions under the Colorado Rules of Evidence. The court recognized that evidence of prior acts may not be admitted solely to show a defendant’s character or propensity for negligence. However, such evidence could become admissible if the defense presented testimony suggesting that Topalovic had an unblemished driving record or exercised exceptional care while driving.

Judge Ericka F. Houck Englert concluded that the evidence was inadmissible at the outset of trial but could be reconsidered if the defendants’ evidence made it relevant under the exceptions outlined in C.R.E. 404(b). The court emphasized that any admission of such evidence would require a specific finding of relevance and a limiting instruction to the jury to prevent unfair prejudice.

Court’s Ruling

On September 25, 2025, the Denver County District Court granted the defendants’ motion in limine with amendments. The court prohibited the plaintiff from presenting evidence or referencing Topalovic’s prior or subsequent traffic citations during trial unless new evidence introduced by the defense rendered the information relevant under C.R.E. 404(b). The order clarified that the ruling could be revisited depending on the evidence presented at trial.

Assistance with Motor Vehicle Collision Matters

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