alcohol and proximate cause

Texas Courts have held that where there is no contributory negligence, prior use of alcohol is inadmissible. Nichols v. Howard Trucking Co. Inc., 839 S.W.2d 155, Tex. App. (Beaumont 1992); Dorman v. Langlinais, 592 S.W.2d 650, Tex. Civ. App. (Beaumont 1979); and Trans-State Pavers, Inc. v. Haynes, 808 S.W.2d 727. The Court in Trans-State Pavers, Inc. v. Haynes, states that “[e]vidence of alcohol consumption standing alone is inadmissible unless there is further evidence of negligence or improper conduct on the part of the user.”



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