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Bowling Green v. Andrews3/3/1989
nce to the jury by inference. Id. In the case sub judice, the expert witness is merely presented with the facts of the case and asked to give his opinion as to the alcoholic influence appellant should have been under. Under these circumstances, we find it unconscionable for the court to bar this expert's testimony. A properly instructed jury is still free to give whatever weight to the evidence they desire.
Accordingly, we find appellant's sole assignment of error well-taken.
Having found that substantial justice was not done the party complaining, the judgment of the Bowling Green Municipal Court is reversed. This matter is remanded to the Bowling Green Municipal Court for further proceedings not inconsistent with this decision.
Judgment reversed and cause remanded.
HANDWORK, P.J., and CONNORS, J., concur.
GLASSER, J., dissents.
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