Legal Opinion · Dissent

Chicchi v. Southeastern Pennsylvania Transportation Authority

Commonwealth Court of Pennsylvania

Decided March 8, 1999Published

1DissentFlaherty, Judge

I respectfully dissent. The trial court erred in permitting the introduction of Mr. Chiechi’s potential use of drugs without establishing the necessary predicate required by law, i.e., that Mr. Chicchi was intoxicated and impaired. Because the Majority determines otherwise, I must dissent.

*611The rules governing admissibility of evidence of drug consumption and intoxication are the same as those governing the admissibility of evidence governing the consumption of alcoholic beverages. Hawthorne v. Dravo Corp., Keystone Division, 352 Pa.Super. 359, 508 A.2d 298 (1986), allocatur denied, 514 Pa.…

2Cases cited11 opinions

  1. Fisher v. DyeSupreme Court of Pennsylvania · 1956
  2. Whyte v. RobinsonSuperior Court of Pennsylvania · 1992
  3. Ackerman v. DelcomicoSupreme Court of Pennsylvania · 1984
  4. Couts v. GhionSuperior Court of Pennsylvania · 1980
  5. Hawthorne v. Dravo Corp., Keystone Div.Supreme Court of Pennsylvania · 1986

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