Durbin v. K-K-M Corp.

In 1970 James Lee Durbin was a man of 34 years of age. At around 7 in the evening of March 13th of that year, Mr. Durbin was involved in an automobile accident, injuries from which caused his death. A state police officer detected odors of alcohol on his breath. He was taken to a hospital where he was pronounced dead on arrival and a blood sample was taken. Analysis showed that the percentage of alcohol in the decedent’s blood was sixteen one-hundredths of one percent.

The decedent had been employed by the Interstate Manufacturing Company and worked from 12 midnight until 8 a.m. on the morning…