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McLaughlin v. Fireman's Fund Ins. Co.

Supreme Court of Louisiana
Nov 11, 1988
533 So. 2d 340 (La. 1988)

Summary

In McLaughlin herein there were two alleged blood samples drawn from the deceased and the testimony as to their handling is a muddle of inconsistencies, contradictions and unknowns.

Summary of this case from McLaughlin v. Fireman's Fund Ins. Co.

Opinion

No. 88-C-1958.

November 11, 1988.

APPEAL FROM 21ST JUDICIAL DISTRICT COURT, TANGIPAHOA PARISH, STATE OF LOUISIANA.


Granted. The court of appeal declined to address the issue of the admissibility of the results of plaintiff's second blood alcohol test on the basis that the results were only relevant to plaintiff's comparative negligence in this intersectional collision. Because there was a reasonable basis for the jury to find defendant (who was faced with a stop sign at the intersection) at least concurrently at fault, one cannot reasonably conclude that the admission of the test results, if erroneous, could not have affected the jury's finding that defendant was totally free of fault. Accordingly, the judgment of the court of appeal is set aside, and the case is remanded to the court of appeal to rule upon the admissibility of the test results and to reconsider the fault of the parties in the light of that ruling.


Summaries of

McLaughlin v. Fireman's Fund Ins. Co.

Supreme Court of Louisiana
Nov 11, 1988
533 So. 2d 340 (La. 1988)

In McLaughlin herein there were two alleged blood samples drawn from the deceased and the testimony as to their handling is a muddle of inconsistencies, contradictions and unknowns.

Summary of this case from McLaughlin v. Fireman's Fund Ins. Co.
Case details for

McLaughlin v. Fireman's Fund Ins. Co.

Case Details

Full title:CLARENCE AND PEGGY McLAUGHLIN v. FIREMAN'S FUND INSURANCE COMPANY, ET AL

Court:Supreme Court of Louisiana

Date published: Nov 11, 1988

Citations

533 So. 2d 340 (La. 1988)

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