Ford Motor Co. v. Pool

ON MOTION FOR REHEARING

In his motion for rehearing Pool argues, among other things, that our disposition of this case was erroneous because driving while intoxicated was not an ultimate issue and could not have been a proximate cause of the accident. We disagree for the following reasons. First, the issue did not inquire merely if Pool was intoxicated; it asked if he was negligent in driving his pickup while intoxicated. Thus, the ultimate issue was negligence by reason of driving while intoxicated. Second, driving while intoxicated, as distinguished from in*914toxication alone, can be an…