Coughlin, A., Aplt. v. Massaquoi, U.

I join in the narrow holding of the Majority Opinion that evidence of a party’s blood alcohol level, when accompanied by explanatory expert testimony, is sufficient to establish intoxication-. I -write separately because I am concerned that the Majority’s- holding, which is not tethered to any discussion of the facts of this case, will be read too broadly as to the relevance of evidence of intoxication.

In the case before us, the decedent was crossing a four-lane street, Castor Avenue, in Philadelphia. He was not crossing at an intersection nor in a crosswalk. It was nighttime, the area was…