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McELYEA v. NAVISTAR INTERN. TRANSP. CORP.

Civ. A. No. 89-2986.

788 F.Supp. 1366 (1991)

Jerry McELYEA and Jewel McElyea, Plaintiffs, v. NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION, Defendant.

United States District Court, E.D. Pennsylvania.

March 6, 1991.

Attorney(s) appearing for the Case

A. Terry Daly, Philadelphia, Pa., for plaintiffs.

Michael D. Brophy, Philadelphia, Pa., for defendant.

MEMORANDUM

TROUTMAN, Senior District Judge.

In this case, plaintiffs seek compensation for injuries sustained when a vehicle manufactured by defendant Navistar, and driven by plaintiff Jerry McElyea (McElyea), left the road and struck a tree stump.1 McElyea was allegedly ejected from the vehicle on impact and is now paralyzed. Thus, this case is a "second collision" or "crashworthiness" case, in that plaintiffs allege that a...

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