WHITTINGTON v. AMERICAN OIL CO.

No. C-4045.

474 So.2d 41 (1985)

Mr. & Mrs. James P. WHITTINGTON, Sr. v. AMERICAN OIL COMPANY (AMOCO), et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied August 27, 1985.


Attorney(s) appearing for the Case

Richard T. Regan, Thomas G. Milazzo, Francipane, Regan and St. Pe' Metairie, for plaintiff.

Thomas C. Cowan, Christovich & Kearney, New Orleans, for defendants.

Before BARRY, CIACCIO and WILLIAMS, JJ.


BARRY, Judge.

La.R.S. 32:661 et seq. should not be construed to prohibit the introduction of a decedent's blood alcohol content because the Coroner's Office technicians have not been certified pursuant to R.S. 32:663.

R.S. 32:662 sets up presumptions of intoxication for DWI purposes and concludes: "This section has no application to a civil action or proceeding." That language is limited to prohibiting the application of the presumptions in civil actions...

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