Hubenschmidt v. Shears

Defendant, Harold Shears, appeals from a protective order precluding testimony, tests or records from being admitted into evidence relative to the alcohol level of plaintiffs decedent’s blood at the time of her death. Trial has not yet been held.

This is a wrongful death action arising from an accident which occurred on July 5, 1975, in Iosco County, Michigan. There has been a stipulated statement of facts filed in this case from which it appears that plaintiffs decedent, Mrs. Alvaina Ruth Miller, was a pedestrian who was struck and killed by a recreational motor vehicle driven by the…