Hubenschmidt v. Shears

The issue to be decided in these two cases is whether the results of a test for alcohol content of a blood sample taken from a dead body may be admitted as evidence in a wrongful death action brought by or against the decedent’s representative. We hold, that if the requisite foundation is established showing the integrity of the results, they may be admitted into evidence if they are found to be relevant. MRE 401.

I

David Miller’s (plaintiff) decedent, William Wicks, was the driver of a car which collided with a car being driven by Robert Duryea (defendant) on March 7, 1975. Plaintiffs decedent…