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DALTON v. TOYOTA MOTOR SALES, INC.

No. 81-3768.

703 F.2d 137 (1983)

Edward R. DALTON, Plaintiff-Appellant, Administrators of the Tulane Education Fund, d/b/a Tulane Medical Center Hospital and Clinic, Intervenor, v. TOYOTA MOTOR SALES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 3, 1983.

Attorney(s) appearing for the Case

Klein & Rouse, Henry L. Klein, Gary J. Rouse, New Orleans, La., for plaintiff-appellant.

Bernard, Cassisa, Babst & Saporito, Jerry L. Saporito, Metairie, La., for defendant-appellee.

Before WILLIAMS and JOLLY, Circuit Judges, and WILL, District Judge.

WILL, District Judge:

This case involves an automobile allegedly unsafe at no speed. The facts are that the plaintiff, Edward Dalton (Dalton), after leaving an office Christmas party on Christmas Eve, December 24, 1978, drove his 1978 Toyota Corolla from his office in Mobile, Alabama, westward on Interstate 10 in the direction of New Orleans. He apparently became sleepy and pulled off the pavement onto the grassy median strip. Letting the engine idle (the weather...

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