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FIRST TENNESSEE BANK v. WILSON FREIGHT LINES

No. 89-8546.

907 F.2d 1122 (1990)

FIRST TENNESSEE BANK, N.A., as Special Guardian of Valerie Hasty and Curtis Hasty, Mark W. Hasty, as Custodian and next friend of Valerie Hasty and Curtis Hasty and as personal representative of the estates of Howard Hasty and Jacqueline Hasty, Plaintiffs-Appellants, v. WILSON FREIGHT LINES, INC., a Georgia Corporation and Savannah Enterprise Truck Co., a Georgia Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 3, 1990.

Attorney(s) appearing for the Case

Robert J. Mayes, Louis K. Rosenbloum, Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, Pensacola, Fla., Luther Strickland, Jr., Macon, Ga., for plaintiffs-appellants.

John C. Daniel, III, Martin, Snow, Grant & Napier, Macon, Ga., for Savannah Enterprise Truck Co.

John E. Edwards, Macon, Ga., for Wilson Freight Lines, Inc.

Before CLARK, Circuit Judge, and MORGAN and HILL, Senior Circuit Judges.

HILL, Senior Circuit Judge:

A collision with a truck, parked temporarily in an emergency lane, instantly killed Howard Hasty and his five-year-old daughter, Jacqueline, and badly injured Hasty's eight-year-old twins, Curtis and Valerie. At trial Hasty's representatives alleged that the truck driver's failure to use reflective triangles, flares or emergency flashing lights proximately caused the accident. The driver conceded that he had not utilized reflective triangles...

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