¶1dissenting: The defendant driver admitted that he had consumed “two or three beers” before the collision occurred. He had alcohol on his breath. He took a bottle from inside his car and secreted it in the trunk shortly after the collision. His only excuse for rear ending the plaintiff vehicle — which was moving in excess of fifty miles an hour at the time — was that he must have fallen asleep.
¶2*393I think the trial court was justified in giving the instruction on driving while under the influence of alcohol.
¶3There is really no bona fide dispute as to causation. I would affirm as to liability and remand for trial on the issue of damages alone.
¶4I respectfully dissent.