MITCHELL v. WEAVER

No. 86-1435.

806 F.2d 300 (1986)

Jo Ann MITCHELL, Plaintiff, Appellant, v. David WEAVER, Defendant, Appellee.

United States Court of Appeals, First Circuit.

December 1, 1986.


Attorney(s) appearing for the Case

Gerald F. Petruccelli with whom John D. McKay and Petruccelli, Cohen, Erler & Cox, Portland, Me., were on brief for plaintiff, appellant.

John S. Whitman with whom Richardson, Tyler & Troubh, Portland, Me., was on brief for defendant, appellee.

Before CAMPBELL, Chief Judge, COFFIN and BREYER, Circuit Judges.


LEVIN H. CAMPBELL, Chief Judge.

This case arises from an automobile accident which occurred when defendant was driving back from Kennebunkport, Maine. At the moment of the accident, defendant's brother was in the back seat, and plaintiff was in the front seat. There was evidence that the car skidded at a place where there was sand on the road. Hours before, on their way to Kennebunkport, while defendant's brother was driving with plaintiff in the front seat (but defendant...

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