Evidence of a blood alcohol reading at the time of an accident does not, without more, establish that a person was drunk or showing signs of intoxication at the time of driving, and is insufficient to ground a finding of contributory negligence based on permitting an intoxicated person to drive. The 'joint illegal activity' defence does not apply where the object of the parties' activity was not itself illegal, even where the activity involved breaches of road traffic laws. A road authority that constructs a dangerous curve without erecting warning signage commits misfeasance, not nonfeasance.
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