Thursday, September 15, 2016

Pennsylvania Supreme Court to Review Admissibility of Intoxication In Civil Litigation Context

In the case of Coughlin v. Massaquoi, No. 166 EAL 2016 (Pa. Aug. 24, 2016), the court granted a Petition for Allowance of Appeal to review the issue, as stated by the Plaintiff:

In a civil trial brought on behalf of a pedestrian who was killed by a motorist, is it reversible error where the Defendant motorist admits evidence of the pedestrian’s uncorroborated post-mortem blood alcohol content (BAC) by way of a toxicology expert who merely explains the uncorroborated BAC in terms of how and equivalent BAC would render an “average” person unfit to cross the street? 

The Tort Talk post on the non-precedential Superior Court decision in this case may be viewed HERE.

I send thanks to Attorney Joseph Hudock of the Pittsburgh law firm of Summers, McDonnell, Hudock & Guthrie for bringing this Order to my attention.  

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