Las Vegas Metropolitan Police Department v. Yeghiazarian

OPINION

By the Court,

Gibbons, J.:

In this appeal from a judgment for the plaintiffs in a wrongful death action, we consider whether evidence of the deceased’s blood alcohol content (BAC) may be admitted to show his comparative negligence. We conclude that admission of a person’s BAC requires additional evidence suggesting intoxication from either a percipient witness or an expert who can testify regarding that person’s commensurate level of impairment.

We also consider three other issues: (1) whether the district court abused its discretion by allowing an expert to testify based on an allegedly…