Alcohol testing, evidence, private right of action, accident, negligence.

The family of a man killed in a two-vehicle collision appeals a lower court's ruling in a liability suit. Kirk Stong died of injures sustained when he drove his vehicle into the rear of stalled truck. Family members told investigators Stong attended a party the day of the collision, and post accident tests detected alcohol in Stong's blood. Stong's relatives filed suit against the Freeman Truck Line, operators of the stalled truck, claiming negligence. The trucking company argued that Stong's alcohol consumption contributed to the accident.

A trial court ruled in favor of the trucking company. Stong's family appealed, claiming the trial court erred in admitting evidence of Stong's blood alcohol content. The appeals court affirmed the lower court's ruling. Stong's relatives now appeal.

Stong's relatives lose. The Mississippi Supreme Court affirmed the decision of the lower court. The supreme court ruled the lower court's correctly allowed the admission of Stong's post-accident blood tests.