Gay v. Gay

EAGLES, Judge.

In support of his general denial to plaintiff’s claim of assault, defendant offered testimony to show at trial that the plaintiff was intoxicated on 14 December 1980 and that as a result of her intoxication, she stumbled and accidentally fell injuring her left leg. Defendant first assigns as error the trial court’s refusal to allow defendant to testify as to plaintiff’s state of intoxication on 14 December 1980. While we think that the court erred in sustaining plaintiff’s objection to the defendant’s testimony that plaintiff was under the influence of alcohol at the time her…