Pearce v. Wistisen

I do not join the opinion of the Court because I remain unpersuaded of the existence of prejudicial error.

The majority concedes that the jury may well have concluded that Evan’s act of negligence in discarding his life jacket was a proximate cause of his death and, if so, the admission of evidence of his alcohol consumption would not constitute prejudicial error. Nevertheless, the Court overturns the jury verdict using a nebulous process of rationalization which overlooks the fact that there is a considerable amount of additional evidence of negligence on the part of Evan that amply supports…