LVMPD v. YEGHIAZARIAN

No. 59382.

312 P.3d 503 (2013)

LAS VEGAS METROPOLITAN POLICE DEPARTMENT, A Government Entity; and Jared Wicks, An Individual, Appellants, v. Elizabeth YEGHIAZARIAN, An Individual; Elizabeth Yeghiazarian, as the Personal Representative of the Estate of Raymond Yeghiazarian; Christina Yeghiazarian; Natalia Yeghiazarian; and Andrew Yeghiazarian, Respondents.

Supreme Court of Nevada.

November 7, 2013.


Attorney(s) appearing for the Case

Marquis Aurbach Coffing and Craig R. Anderson , Micah S. Echols , and Chad F. Clement , Las Vegas, for Appellants.

Saggese & Associates, Ltd., and Marc A. Saggese , Las Vegas, for Respondents.

BEFORE GIBBONS, DOUGLAS and SAITTA, JJ.


OPINION

By the Court, GIBBONS, J.:

In this appeal from a judgment for the plaintiffs in a wrongful death action, we consider whether evidence of the deceased's blood alcohol content (BAC) may be admitted to show his comparative negligence. We conclude that admission of a person's BAC requires additional evidence suggesting intoxication from either a percipient witness or an expert who can testify regarding that person's commensurate level of impairment...

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