A Texas appellate court ruled last week that the family of a fatally injured lineman successfully rebutted the statutory presumption of intoxication that arose from the fact that he had tested positive for marijuana use at the time of his death.
The Court of Appeals for the 11th District of Texas on Friday said the family did not need to retain an expert to establish that 20-year old Kody Ryan Cates was not intoxicated, as the testimony of the people who interacted with him prior to his fall could prove he had normal use of his mental and physical faculties prior to his accident.
At the time...
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