CARLEY, Judge.
Appellant, plaintiff below, was driving his car along the highway when he observed the appellee's truck protruding from a driveway into the lane of oncoming traffic. As he approached the truck, appellant began to merge into the adjoining lane so as to avoid a collision and believed that he had done so successfully. However, as appellant pulled even with the stationary — but protruding — truck and attempted to pass it, he was "surprised...
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