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HUBENSCHMIDT v. SHEARS

Docket Nos. 60906, 61287.

403 Mich. 486 (1978)

270 N.W.2d 2

HUBENSCHMIDT v. SHEARS MILLER v. DURYEA

Supreme Court of Michigan.

Decided October 2, 1978.

Attorney(s) appearing for the Case

Rowe, Talon & Jones, P.C., for plaintiff Hubenschmidt.

Early, Starbuck & Lennon (by Charles E. Starbuck and James E. Beck) for plaintiff Miller.

Neal & Lengauer (by Paul Lazar) for defendant Shears.

Cholette, Perkins & Buchanan (by Don V. Souter and Kenneth L. Block) for defendants Duryea.

PER CURIAM:

The issue to be decided in these two cases is whether the results of a test for alcohol content of a blood sample taken from a dead body may be admitted as evidence in a wrongful death action brought by or against the decedent's representative. We hold that if the requisite foundation is established showing the integrity of the results, they may be admitted into evidence if they are found to be relevant. MRE 401.

I

David Miller's (plaintiff...

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