Baron v. Nationwide Mutual Insurance

Judgment unanimously reversed, on the law, without costs, and new trial granted. Memorandum: On October 15, 1983, at approximately 2:40 a.m., An*968drew Baron was seriously injured when the automobile he was operating left the road and struck a tree. There were no witnesses to the accident and Baron has remained comatose since the accident due to the severe head injuries he sustained. Three chemical analyses of Baron’s blood taken between 4:00 a.m. and 7:43 a.m. on the day of the accident showed blood alcohol contents in excess of .10%.

Plaintiff conservator commenced this action to compel…