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The admissibility of Blood Alcohol Content evidence is within the trial court’s discretion.

January 12, 2018
Coughlin v. Massaquoi, 2016 PA Super 70, 138 A.3d 638, 2016 Pa. Super. LEXIS 181 (Pa. Super. Ct., Mar. 21, 2016)

The decedent was hit at a four-lane intersection in Philadelphia. The defendant admitted to not seeing the decedent. The toxicology report indicated a BAC of .313 along with other illegal substances in the decedent’s blood. The whereabouts of the decedent were unknown prior to the accident. In the wrongful death claim, the plaintiff alleged that negligence and carelessness caused the death of the decedent. The appellant filed a motion in limine to preclude the BAC and toxicology evidence. The trial court allowed the evidence, noting that, without any other information as to what the decedent was doing before the accident, the “exceedingly high” BAC may reduce the need for additional evidence to show the individual was unfit to cross the street.

 

Case Law Alerts, 1st Quarter, January 2018

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