Griffis v. Wheeler

I concur with the majority’s conclusion that the trial court properly ruled that the intoxication defense could be raised in this case. However, I respectfully dissent from the majority’s holding that the trial court erred in directing a verdict in the Wheelers’ favor. In my opinion, the record is devoid of any evidence that would lead a reasonable jury to render a verdict in Appellant’s favor based upon Mr. Wbeeler’s alleged failure to take evasive action. Therefore, I would affirm the final judgment.

Aside from the WTheelers’ testimony, the only testimony Appellant presented concerning the…