Russell v. Pitts

Carlisle, Presiding Judge.

The first two special grounds of the motion for a new trial attack evidence introduced for the purpose of showing that a sample of the plaintiff’s blood was obtained soon after her entry to the hospital, which when examined showed a concentration of .37% alcohol by weight, an amount sufficient to render her heavily intoxicated. Dr. Whatley, who treated the plaintiff, testified that he was not present when the blood sample was taken; that he is familiar with the emergency room and with the manner in which instruments and hypodermic needles are prepared and sterilized…