McWILLIAMS, Circuit Judge.
William L. Venes was severely injured in a one car accident which occurred in the State of Wyoming. At the time of the accident Venes was riding as a passenger in a car owned and operated by Steven R. Heck. Immediately before the accident Venes began to adjust the car radio which was located between the driver's seat and the front passenger seat. Heck, the driver, noticed Venes adjusting the radio and in so doing took his eyes off the roadway...
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