Utah Supreme Court April 26, 1985, 18376 (Pearce v. Wistisen)

HALL, Chief Justice

(dissenting):

I do not join the opinion of the Court because I remain unpersuaded of the existence of prejudicial error.

The majority concedes that the jury may well have concluded that Evan’s act of negligence in discarding his life jacket was a proximate cause of his death and, if so, the admission of evidence of his alcohol consumption would not constitute prejudicial error.