BALLOU V. HENRI STUDIOS, INC.
656 F.2d 1147 (1987)
NATURE OF THE CASE: This was a negligence action. Appealed. Henri (Ds) sought review of a
decision excluding the results of Ballou's (P) deceased's blood alcohol test from evidence
and entry of jury verdict against Ds for negligence and P cross-appealed jury verdict
denying damages for decedent's conscious pain.
FACTS: Ballou (P) died as a result of an accident with an employee of Henri Studios (D).
A blood sample taken from P's body indicated that he was intoxicated at the time of the
accident. P filed a motion in limine with respects to the results of the blood test. The
district court granted the motion, citing the unreliability of the blood test, as well as
factual evidence, including witness testimony regarding P's intoxication. The court held
that, given the credibility problems, the evidence was too prejudicial to go before a jury.
D appeals.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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