DIEMER v. GOAD


78 A.D.2d 752 (1980)

Gilbert Diemer et al., Respondents, v. Edna E. Goad, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 30, 1980


On June 26, 1972, plaintiff, Helen Diemer, a passenger in a pickup truck, sustained physical injuries when the vehicle left the traveled portion of the highway and struck a building. The driver was deceased when removed from the vehicle. Later on the day of the accident an autopsy was performed and it found that the driver died from a heart attack. The record establishes that the accident either was caused by the driver's negligence or by a fatal heart attack as there is...

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