Jones v. Freese

CRANDALL, Judge.

Plaintiff, Herbert E. Jones, brought an action for bodily injury, alleging that he was struck by an automobile driven by defendant, Mel Freese. Plaintiff appeals from an adverse judgment entered pursuant to a jury verdict in favor of defendant. We reverse and remand.

In his first point, plaintiff asserts that the trial court erred in refusing to permit plaintiffs counsel to elicit testimony from defendant, during cross-examination, that he had been drinking intoxicating beverages prior to the accident. Defendant concedes that evidence of drinking is admissible “in terms of its…