FITZGERALD v. DINWIDDIE


99 A.D.2d 622 (1984)

Wayne H. Fitzgerald, Respondent, v. Kim H. Dinwiddie et al., Appellants

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

January 26, 1984


This negligence action arose out of a motor vehicle accident which occurred on June 20, 1979 in which a motorcycle operated by plaintiff collided with a tractor trailer truck operated by defendant Kim Dinwiddie. Plaintiff was proceeding in an easterly direction and had just passed other vehicles when the accident occurred. It is uncontroverted that plaintiff crossed the center line of the two-lane highway in the course of passing. After plaintiff had passed the vehicles in...

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