MANKO v. ROOT

Docket No. 129606.

190 Mich. App. 702 (1991)

476 N.W.2d 776

MANKO v. ROOT

Michigan Court of Appeals.

Decided August 19, 1991, at 9:45 A.M.


Attorney(s) appearing for the Case

Rizik & Zintsmaster, P.C. (by Michael B. Rizik, Jr.), for the plaintiffs.

Rutledge, Manion, Rabaut, Terry & Thomas, P.C. (by Alvin A. Rutledge), for Quick-Sav Food Stores, Inc.

Before: SAWYER, P.J., and MARILYN KELLY and NEFF, JJ.


MARILYN KELLY, J.

Plaintiffs bring this interlocutory appeal from a circuit court order denying their motion to admit the results of a blood alcohol test performed on defendant Michael Root. We reverse.

The issue in this case is whether the test results from a blood sample taken pursuant to a search warrant are admissible in a civil case. It is one of first impression in Michigan.

John Robert Manko was killed in an accident when Root's automobile collided...

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