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KIMBALL v. BAKER

174 A.D.2d 925 (1991)

Kenneth Kimball et al., as Parents and Natural Guardians of Tracey Kimball, an Infant, Plaintiffs, v. Donald J. Baker et al., Defendants. (Action No. 1.) Helen McKay, Respondent, v. Bil-Rac Transport Systems et al., Appellants, et al., Defendants. (Action No. 2.) (And Six Other Related Actions.)

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

June 20, 1991

Harvey, J.

Plaintiff Helen McKay (hereinafter plaintiff) was the driver of one of several vehicles involved in a multicar accident on December 21, 1985 on Interstate Route 81 in Cortland County. Initially, plaintiff's vehicle was struck from behind and she pulled over to the right side of the road to inspect the damage. She then got back into her car and put on her seatbelt. Before she could resume driving her vehicle, however, she was again struck from...

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