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PROUGH v. OLMSTEAD

210 A.D.2d 603 (1994)

619 N.Y.S.2d 404

Lewis B. Prough, as Administrator of The Estate of Edward A. Prough, Deceased, Appellant, v. Charles H. Olmstead et al., Respondents

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

December 8, 1994

Casey, J.

Edward A. Prough (hereinafter decedent) was killed when the vehicle he was driving left the road and hit a tree. In this wrongful death action, plaintiff seeks to recover damages from three defendants: Charles H. Olmstead, who was driving a vehicle that was following decedent's vehicle; Ray J. Arnold, who was a passenger in the Olmstead vehicle; and Howard A. Baker, the owner of a restaurant. There is evidence in the record that decedent was...

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