Locke v. Claypool

OLSZEWSKI, Judge:

Appellant Scott Locke brought this action against Jerry Claypool after sustaining injuries in an accident that occurred outside of Butler. Locke was riding a bicycle on the highway in the early morning hours when Claypool, who was driving an automobile, struck him from behind. We are asked to determine whether the trial court erred in admitting evidence of Locke’s intoxication at the time of the accident. After a careful review of the parties’ briefs and the record below, we reverse and remand for a new trial.

Locke, fifteen-years old at the time, spent the day of July 18,…