Following this question, which is part of a chain of interesting posts exploring the use of civil actions to force liability insurers to pay for unintentional torts of their insureds: Suppose a person wishes to lose a lawsuit for "wrongful death" in order to benefit some third party (e.g., the kids orphaned by an accident in which the policyholder was involved but not charged with any crime).
The person wants to establish liability for wrongful death, but does not want to risk a charge and conviction for the crime associated with that tort: involuntary manslaughter.
Can the civil trial be conducted in such a way that any concessions or evidence supporting the wrongful death verdict cannot be used against the person in a criminal trial, should at any later time a prosecutor decide to pursue the charge of involuntary manslaughter?
Are there any reliable means of presenting testimony at a civil trial that allow it to be excluded, refuted, or disclaimed in a criminal trial (without committing perjury)?
