Summary
holding trial court properly admitted evidence of pedestrian's alcohol consumption where responding officer detected scent of alcohol on pedestrian's breath following accident; hospital measured pedestrian's BAC level in excess of 0.25 percent within forty minutes of accident; and expert testimony established that, given BAC results, pedestrian's judgment and motor skills would have been severely impaired at time of accident
Summary of this case from Rohe v. VinsonOpinion
[J-141-1999].
Decided January 20, 2000.
Appeal from the Order of the Superior Court dated April 3, 1998, at 2720 PHL 1997, affirming the Judgment of the Court of Common Pleas of Bucks County entered August 19, 1997 at 92-09787-20-2, No. 64 M.D. Appeal Docket 1999.
Samuel Merovitz, James L. Rosenbaum, Philadelphia, for Timothy Kraus.
Thomas P. Bracaglia, Philadelphia, for James Taylor and Harris Fuel.
Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN, and SAYLOR, JJ.
ORDER
The appeal is dismissed as having been improvidently granted.