Gilbert v. Leach

Plaintiff appeals by leave granted from the trial court’s interlocutory order preventing the introduction into evidence of the results of a blood sample analysis.

Plaintiff, as the administrator of the estate of Frank R. Gilbert, instituted this action claiming that defendant operated in a grossly negligent fashion the automobile in which the defendant Kenneth Leach and Gilbert were riding, and that this negligence resulted in the collision which caused Gilbert’s death. Prior to trial, the complaint was amended to allege that Kenneth Leach was intoxicated at the time of the accident.

During the…