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OSTROSKY v. SCZAPA

Nos. 88-1711, 88-1712.

868 F.2d 1 (1989)

Paul E. OSTROSKY, Plaintiff, Appellee, v. Randy A. SCZAPA, Defendant, Appellant. Paul E. OSTROSKY, Plaintiff, Appellee, v. Randy A. SCZAPA, Defendant, Appellee. Appeal of SAYBROOK FORD, INC., Defendant.

United States Court of Appeals, First Circuit.

Decided February 10, 1989.

Attorney(s) appearing for the Case

Raymond A. LaFazia with whom Gunning, LaFazia & Gnys, Inc., Providence, R.I., was on brief, for Saybrook Ford, Inc.

V. James Santaniello, Providence, R.I., for Randy A. Sczapa.

Karen L. Davidson with whom Aram R. Schefrin and Lovett, Schefrin, Gallogly & Harnett, Providence, R.I., were on brief, for Paul E. Ostrosky.

Before BREYER, ALDRICH and TORRUELLA, Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

On a clear day, proceeding north on a straight stretch of road some quarter of a mile long, a Ford car operated by defendant Randy Sczapa (Randy) struck the left front end of plaintiff Paul Ostrosky's car, headed south. Other than a car driven by plaintiff's girl friend, stopped some distance behind him, there was no other traffic. Plaintiff testified that he had stopped for an appreciable...

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