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Evidence keyed to Waltz
Ballou v. Henri Studios, Inc
Facts
Plaitniffs, Yolanda and Terrence Ballou and Lula Mae LeBlanc, were representatives for the decedents, Jesse Ballou and Leonard Herman Clay. Jesse Ballou drove his car into the rear of a truck owned by Defendant, Henri Studios, Inc. The truck driver pulled the truck on to the right shoulder and set up hazard signals behind the truck. Evidence at trial was presented to determine if the signals were set up according to Texas law. Prior to trial, Plaintiffs filed a motion in limine to prevent a blood alcohol test administered to Jesse Ballou from being produced at trial. The test indicated Jesse’s blood alcohol level to be .24%. Plaintiffs argued that the chain of custody for the blood sample was insufficient, and there was no other evidence of Jesse’s drinking that day. The trial judge granted the motion, and the jury found Defendant 55% negligent in rewarding damages.
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