Gerlach v. The Cove Apartments, LLC, 471 P.3d 181 (2020)

Citation: Gerlach v. The Cove Apartments, LLC, 471 P.3d 181 (2020)
Parent Document: Gerlach v. The Cove Apartments, LLC, 471 P.3d 181 (2020)
Jurisdiction: Washington (state)
Effective Date: 2020-08-27
Original Source: https://www.courtlistener.com/opinion/4780444/gerlach-v-the-cove-apartments-llc/ ↗

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We don’t have a very clear understanding of exactly what—of what
      occurred in this accident, except that we know that the railing failed, and we
      know that because it was on the ground along with the plaintiff and we can
      see the holes and the rot in the guardrail and that seems to be without any
      question.
              So we don't know what the plaintiff did immediately prior to the
      railing failing. We know that she—well, we now know that she had had a
      significant amount of alcohol to drink, enough to make her intoxicated at the
      time of the event.
              But whether or not that intoxication has anything at all to do with the
      actual accident, until we have something further, facts further to support that
      allegation, it’s more prejudicial than probative to allow Dr. Vincenzi to come
      in and opine how the plaintiff was acting immediately before she fell.

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