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BREEDEN v. ABF FREIGHT SYSTEM, INC.

Nos. 95-6445, 96-6103.

115 F.3d 749 (1997)

Bobby Joe BREEDEN and Doris Breeden, Plaintiffs-Appellants/Cross-Appellees, v. ABF FREIGHT SYSTEM, INC., St. Paul Fire and Marine Insurance Company, a Minnesota Corporation, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

May 20, 1997.

Attorney(s) appearing for the Case

Duke Halley and Jerry Dick, of Halley & Associates Law Office, Woodward, OK, and David K. Petty, of David K. Petty, P.C., Guymon, OK, for Plaintiffs-Appellants/Cross-Appellees.

Michael W. Brewer and Karen S. MacLeod, of Hiltgen & Brewer, P.C., Oklahoma City, OK, for Defendants-Appellees/Cross-Appellants.

Before SEYMOUR, Chief Judge, ANDERSON and TACHA, Circuit Judges.

SEYMOUR, Chief Judge.

Bobby Joe Breeden and his wife Doris sustained injuries when their vehicle was struck from behind by a vehicle driven by Alfonso Gomez, Jr., as Mr. Breeden was attempting a left turn. The Breedens sued ABF Freight System, Inc. (ABF), claiming that negligence by the driver of an ABF tractor-trailer truck contributed to the accident. The jury found that ABF was negligent, that Mr. Breeden was not contributorily negligent, and that total damages...

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