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Ballou v. Henri Studios, Inc.

United States Court of Appeals for the Fifth Circuit

656 F.2d 1147 (5th Cir. 1981)

Evidence
Relevant factsFree

The Ballous (plaintiffs) sued Henri Studios (defendant) claiming its truck driver's negligence caused Jesse Ballou's death. The plaintiffs sought to exclude a blood-alcohol test showing Jesse's blood alcohol was .24% at death, and the district court excluded it as unreliable and unfairly prejudicial. Henri Studios appealed.

IssueFree

Whether a blood-alcohol test showing that a negligence victim was intoxicated at the time of the incident is admissible under Rule 403.

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