Commonwealth v. Passarella

In Commonwealth v. Passarella, 7 Pa. Commw. 584, 300 A.2d 844 (Pa. Cmwlth. 1973), James Passarella (Passarella) was discovered behind the wheel of a car which had just been in an accident. Passarella was taken to a hospital, examined and released. He was then charged with driving under the influence and asked to take a breathalyzer test and subsequently, a blood test. He refused to take both tests. At a hearing to contest his license suspension, Passarella testified that he had no recollection of the events surrounding the accident, including being asked to take the tests. Over objection of counsel, Passarella presented the testimony of Herbert F. Homes, a man who operates an independent service of producing hospital records for court. Homes testified that the diagnosis on Passarella's record was "multiple abrasions, possible cerebral concussion." Id. 300 A.2d at 845. The Commonwealth objected to Homes testimony, as he lacked the qualifications necessary to testify about such records. The trial court determined that Passarella suffered a cerebral concussion and, therefore did not make a knowing and conscious refusal. Our court reversed the trial court and determined in pertinent part as follows: No medical doctor testified that appellee suffered an actual concussion; no medical evidence was introduced as to what effects such a concussion would have had on appellee after he was released from the hospital. Testimony as to appellee's medical "record" were of doubtful validity and merely indicated that a "possible" concussion occurred.... Certainly every 'act, condition or event' which some hospital physician places in a hospital record does not ipso facto become competent when later an issue is being judicially tried to which such fact would be relevant if proved by competent testimony. Id., 300 A.2d at 846.