Evidence—Effect of Tortfeasor's Death Upon Admissibility of Blood Test in Civil Action

Authors

anon

Abstract

The question whether analyses of blood samples taken from a deceased person may be admitted into evidence in a civil suit is one of first impression in Washington. Plaintiff, a truck-owner, sued decedent's executor for damages to his truck sustained in a collision with decedent's automobile, alleging that decedent was negligent in driving under the influence of intoxicants. A blood sample was taken by a coroner, in accordance with Washington Revised Code section 68.08.106, approximately one hour after death. Analysis of decedent's blood sample was admitted into evidence over defendant's objection, as proof of decedent's intoxication. On appeal from a jury verdict for plaintiff, held: Analysis of a blood sample lawfully taken from a deceased person by a coroner is admissible into evidence in a civil suit. Zenith Transport, Ltd. v. Bellingham Nat'l Bank, 64 Wn.2d 967, 395 P.2d 498 (1964).2

First Page

375

Recommended Citation

anon, Washington Case Law, Evidence—Effect of Tortfeasor's Death Upon Admissibility of Blood Test in Civil Action, 40 Wash. L. Rev. 375 (1965).
Available at: https://digitalcommons.law.uw.edu/wlr/vol40/iss2/16