Hemming v. Hutchinson

In this action seeking damages for personal injuries arising out of an automobile accident, we consider whether the trial court erred in permitting the jury to consider evidence that the defendant, Michael B. Hemming, had consumed two or three beers the night before the accident. Hemming appeals from a $15,000 verdict and judgment in favor of the plaintiff, John C. Hutchinson.

We will first briefly summarize the evidence, exclusive of that challenged in this appeal. At approximately 7:50 a.m., on June 15, 1977, Hutchinson, while driving his automoible westbound on Westmoreland Drive in Fairfax…