Gerlach v. Cove Apartments, LLC, 446 P.3d 624 (2019)

Citation: Gerlach v. Cove Apartments, LLC, 446 P.3d 624 (2019)
Parent Document: Gerlach v. Cove Apartments, LLC, 446 P.3d 624 (2019)
Jurisdiction: Washington (state)
Effective Date: 2019-05-13
Original Source: https://www.courtlistener.com/opinion/6659245/gerlach-v-cove-apartments-llc/ ↗

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¶23 On appeal, the parties do not dispute that Dr. Vincenzi was a qualified expert as to the effects of alcohol upon the human body. Dr. Vincenzi completed an analysis that included a conversion of Gerlach's serum alcohol measurement of 252 mg/dL at the hospital to the more commonly used BAC number of .238 at the time of the accident. He also testified in an offer of proof as to the *632effect of the consumption of alcohol on a person based on his or her blood alcohol level. He opined that a person with a BAC of .200 or higher would experience severe psychomotor impairment. *826¶24 The trial court excluded Dr. Vincenzi's testimony at the same time that it erroneously excluded the evidence of Gerlach's blood alcohol level. Dr. Vincenzi's testimony would have been helpful to the jury in understanding the effects of intoxication on a person with a high blood alcohol level. To the extent that the trial court excluded Dr. Vincenzi's testimony based on its erroneous ruling on Gerlach's blood alcohol level, that exclusion was in error.

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