Arndt v. Russillo

I believe there was sufficient evidence to support the defenses of assumption of risk and contributory negligence and therefore would affirm the judgment below.

In reaching its conclusion, the majority summarily eliminates the so-called “collateral issue” of the admissibility of evidence of Strike’s blood alcohol level. This evidence was crucial to the success of Russillo’s defenses. In my view, that evidence was relevant, properly admitted in support of both defenses, and should not be dodged by the majority in its disposition of the case.

A state toxicologist called by Russillo testified that…