This section contains the nature of the case and procedural background.

Ballou (P) died as a result of an accident with an employee of Henri Studios (D). A blood sample taken from P's body indicated that he was intoxicated at the time of the accident. P filed a motion in limine with respect to the results of the blood test. The district court granted the motion, citing the unreliability of the blood test, as well as factual evidence, including witness testimony regarding P's intoxication. The court held that, given the credibility problems, the evidence was too prejudicial to go before a jury. D appeals.

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