Seitz v. McCullough

Marshall, Judge.

Appellant presents for review the single question of whether evidence of an odor of alcohol on his breath at the time of an accident is sufficient to raise an issue of his intoxication.

Appellant brought an action for personal injuries received as a result of an automobile collision with an ambulance, owned by appellee, funeral home, alleging that the latter pulled into his path of travel from a private driveway without warning. The funeral home defended and counterclaimed for damages to its ambulance alleging that the collision was proximately caused by the negligence of…