Logan v. Brown

OPINION

FROEB, Chief Judge.

The first question is whether the trial court properly refused to instruct the jury on the presumption of driving under the influence of intoxicating liquor, pursuant to A.R.S. § 28-692(E)(3), because plaintiffs failed to introduce any expert testimony relating defendant’s 0.12% blood-alcohol content at the time of the breath test back to the time of the accident. The second is whether the court erred in precluding evidence concerning plaintiff’s lost profits.

BACKGROUND

At approximately 1:00 a.m., on June 28, 1983, a semi-truck driven by Marvin Logan (plaintiff) and a…