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Kraus v. Taylor

4/3/1998

more persuasive, is for impeachment purposes. Appellant testified that he had been in "excellent health" prior to the accident, when in fact he had had numerous hospital admissions for alcohol dependency, and a long history of drug use, including intravenous heroin, barbiturates, LSD and amphetamines. The trial court did not err in admitting evidence of this history to allow appellees to impeach appellant's credibility.


Appellant also challenged the admissibility of his blood-alcohol content of .25% at the time of the accident. As the majority concludes, this evidence was admissible to show appellant's own causal negligence as a pedestrian, where there was additional corroborating evidence of intoxication, including the smell of alcohol emanating from appellant at the scene, and his behavior in crossing the street. Appellees presented evidence that, at the time of the accident, appellant was crossing a major highway, in the middle of the block, in dark clothing at about midnight, against a traffic control signal, and that he "darted" in front of oncoming traffic. With these additional comments, I join the majority opinion.






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