Hacker v. Bush

1 Scott Hacker and Alysia Forsting appeal a judgment dismissing their personal injury complaint against Adam Bush and his automobile liability insurer. A jury found that Hackers negligence caused the auto accident with Bush in which Hacker and Forsting were injured. In evidence was the fact that Hackers urine tested positive for marijuana and PCP shortly after the accident, and testimony that these substances can cause impaired driving. The issue on appeal is whether the court erred by admitting the evidence of Hackers drug ingestion and the effect the drugs in his system have on driving ability. We conclude that the evidence was erroneously admitted, and we reverse and remand for a new trial.