Stetler v. CDL Medical Technologies Inc.

63 Pa. D. & C.4th 270, 2003 Pa. Dist. & Cnty. Dec. LEXIS 120
CourtPennsylvania Court of Common Pleas, Berks County
DecidedMay 27, 2003
Docketno. 01-4818
StatusPublished

This text of 63 Pa. D. & C.4th 270 (Stetler v. CDL Medical Technologies Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stetler v. CDL Medical Technologies Inc., 63 Pa. D. & C.4th 270, 2003 Pa. Dist. & Cnty. Dec. LEXIS 120 (Pa. Super. Ct. 2003).

Opinion

LASH, J.,

Plaintiff, Desiree S. Stetler, individually and as administratrix of the estate of David B. Stetler, deceased, has appealed the order of this court entered April 25, 2003, denying plaintiff’s motion for post-trial relief following the court’s entry of a molded verdict on April 16, 2003.

Plaintiff maintains this wrongful death and survival action as a result of the death of her husband, David B. Stetler (decedent), resulting from an accident, when the decedent, operating his motorcycle, collided with a tractor-trailer owned by defendant, CDL Medical Technologies Inc., and operated by defendant, Thomas McGinnis. The accident occurred in the southbound lane of North Fifth Street, Muhlenberg Township, Berks County, on October 16, 2000 at approximately 12:07 a.m.

Trial was held on April 14, 15, and 16 of 2003. The jury returned a verdict in favor of both defendants and against the plaintiff on both actions. Plaintiff then filed her motion for post-trial relief, which was denied without argument on April 25, 2003.

In her concise statement of matters complained of on appeal, plaintiff sets forth the following:

(1) The only evidence of intoxication presented at hearing on motions in limine was a toxicology report indicating a blood alcohol reading of 0.151 percent, based on a single sample of blood drawn from plaintiff’s decedent’s heart post-mortem.

(2) The factual circumstances of the motor vehicle collision itself did not provide any significant corroborative evidence of intoxication.

[273]*273(3) At hearing in limine, defendants presented no independent corroborating evidence to show that plaintiff’s decedent had been intoxicated.

(4) At hearing in limine, plaintiff presented affirmative evidence of plaintiff’s decedent’s sober behaviors during the half hour prior to the fatal collision.

(5) Expert toxicological testimony presented at hearing in limine established that it was impossible to determine the reliability of the blood alcohol reading of 0.151 percent given the uncontradicted evidence that plaintiff’s decedent died from major chest trauma and internal injuries, and given the further uncontradicted evidence that the blood test was conducted with a single specimen of blood drawn from or near the decedent’s heart, without the benefit of corroborating blood tests or autopsy.

(6) Defendant’s expert testimony interpreting the significance of the blood alcohol reading was not in any way corroborative of the accuracy of the blood alcohol test itself.

(7) This honorable court erred in permitting the introduction of blood alcohol evidence without independent corroborating evidence of intoxication, particularly in light of plaintiff’s presentation of affirmative evidence of the decedent’s sober behavior during the half hour before the fatal motor vehicle collision.

(8) The evidence of blood alcohol content was at once unreliable and unfairly prejudicial to plaintiff, leading the jury to disregard overwhelming evidence of negligence on the part of defendants.

(9) Plaintiff raised the issue of admissibility of blood alcohol content evidence in pretrial proceedings by way of motion in limine filed on February 7, 2003, which [274]*274motion was denied by this honorable court on March 10, 2003, and also by way of a motion for post-trial relief, which motion was denied by this honorable court on April 25, 2003.

Prior to trial, plaintiff had filed a motion in limine to preclude evidence of alleged intoxication. The motion anticipated defendants’ intent to produce evidence of the results of a test on decedent’s blood alcohol content. The test result was 0.151 percent. This court heard argument on the motion on February 18, 2003. ’

While proof of intoxication is relevant where reckless or careless driving of an automobile is the matter at issue, the mere fact of drinking intoxicating liquor is not admissible, being unfairly prejudicial, unless it reasonably establishes a degree of intoxication which proves unfitness to drive. Fisher v. Dye, 386 Pa. 141, 148, 125 A.2d 472, 476 (1956).

Plaintiff’s first claim is that defendant-could not show that decedent was intoxicated to such a degree that he was unfit to drive because the only evidence available was the blood alcohol reading of 0.151 percent, and even if accurate, this evidence was inadmissible without independent corroboration.

Initially, we note that we accepted plaintiff’s argument that, independent of the blood alcohol content, there was no evidence that decedent was intoxicated. The accident occurred as defendant McGinnis was in the process of positioning his tractor-trailer to deliver an MRI unit to an urgent care facility on the North Fifth Street Highway. At the time of impact, the tractor-trailer was either slowly moving or stopped while blocking both northbound lanes, the middle turn lane, the left-hand south[275]*275bound lane, and a portion of the right-hand southbound lane. Defendant McGinnis testified he did not see the motorcycle and was not aware of its existence until he heard the impact. There were no eyewitnesses.

There were no pre-impact skid marks left by the motorcycle. No one was able to produce any evidence establishing that decedent was drinking or at a bar prior to the accident. There was no evidence of erratic driving nor any physical characteristics of decedent suggesting he was under the influence. Thus, there was no evidence of impairment, loss of visual or auditory perception, ioss of alertness, or diminution in judgment, except the circumstances of the accident itself.

In support of her position, plaintiff relies on the case of Billow v. Farmers Trust Company, 438 Pa. 514, 266 A.2d 92 (1970), for the proposition that a blood alcohol content of .10 percent or more, when standing alone, is insufficient to show degree of intoxication which proves unfitness to drive and therefore is inadmissible. She also cites the case of Ackerman v. Delcomico, 336 Pa. Super. 569, 576, 486 A.2d 410, 414 (1984), which states:

“The theory behind allowing a blood alcohol level to be admitted into evidence in a civil case is that it is relevant circumstantial evidence relating to intoxication. However, blood alcohol content alone may not be admitted for the purpose of proving intoxication. There must be other evidence showing the actor’s conduct which suggest intoxication. Only then, and if other safeguards are present, may a blood alcohol level be admitted.”

The language in Ackerman appears to be dispositive in favor of plaintiff.

[276]*276Further analysis is needed, however. First, plaintiff cannot rely on the Billow decision because the holding entered in that case was based on a different set of facts. In Billow, evidence of a blood alcohol content of .14 percent was excluded because there was no evidence presented to show that a blood alcohol content of that level established unfitness to drive.

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Related

Fisher v. Dye
125 A.2d 472 (Supreme Court of Pennsylvania, 1956)
Beneshunas v. Independence Life & Accident Insurance
512 A.2d 6 (Supreme Court of Pennsylvania, 1986)
BILLOW v. Farmers Trust Co.
266 A.2d 92 (Supreme Court of Pennsylvania, 1970)
Ackerman v. Delcomico
486 A.2d 410 (Supreme Court of Pennsylvania, 1984)
Locke v. Claypool
627 A.2d 801 (Superior Court of Pennsylvania, 1993)
Suskey v. LOYAL ORD. OF MOOSE LDG. NO. 86
472 A.2d 663 (Supreme Court of Pennsylvania, 1984)
Gallagher v. Ing
532 A.2d 1179 (Supreme Court of Pennsylvania, 1987)

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Bluebook (online)
63 Pa. D. & C.4th 270, 2003 Pa. Dist. & Cnty. Dec. LEXIS 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stetler-v-cdl-medical-technologies-inc-pactcomplberks-2003.