Just before dawn on October 18, 1989, defendant Jerry C. Moore (hereinafter defendant) was driving in the right-hand southbound lane of State Route 14 in the Town of Horseheads, Chemung County, when his van "sputtered" and stalled. Defendant, with gas can in hand, and his daughter, a passenger, left the vehicle and began walking to seek help. Shortly thereafter, plaintiff Everett G. Callihan (hereinafter plaintiff), also traveling...
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