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JOHNSON v. UNITED PARCEL SERVICE

Nos. 77-3028, 77-3029.

616 F.2d 161 (1980)

Mrs. Elaine JOHNSON, Plaintiff-Appellant, v. UNITED PARCEL SERVICE et al., Defendants-Appellees. Otis JOHNSON, Plaintiff-Appellant, v. UNITED PARCEL SERVICE et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 30, 1980.

Attorney(s) appearing for the Case

A. Russell Blank, Atlanta, Ga., for plaintiffs-appellants.

Ben Kingree, Atlanta, Ga., for defendants-appellees.

Before TUTTLE, VANCE and KRAVITCH, Circuit Judges.

KRAVITCH, Circuit Judge.

This diversity action resulted from a collision between a van driven by Otis Johnson (plaintiff-appellant) and a tractor-trailer truck driven by George H. Dees, Jr. (defendant-appellee), an employee of United Parcel Service (defendant-appellee). The trial court granted defendants' motion for a directed verdict on the ground that under Georgia law Johnson failed to exercise ordinary care in driving at such a speed that he could not stop within...

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