Missouri-Kansas-Texas Railroad v. Alvarez

For the reasons set out below, I respectfully dissent. I believe that the trial court abused its discretion in refusing to allow evidence of intoxication; in refusing to allow MKT’s requested trial amendment; and in refusing to allow the testimony of one of MKt’s expert witnesses. I would reverse the judgment of the trial court.

The trial court should not have excluded evidence of intoxication because the danger of creating unfair prejudice in the jurors’ minds did not substantially outweigh the probative value of the evidence. 2 Ray, Texas Law of Evidence § 1481, at 167-68 (3rd ed. 1980). The…