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TALBOT v. HEIMBAUGH

239 A.D.2d 648 (1997)

656 N.Y.S.2d 572

Frederick Talbot, Individually and as Parent of Matthew F. Talbot, an Infant, Appellant, v. Patricia Heimbaugh, Respondent, et al., Defendants

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

May 1, 1997

Peters, J.

On November 10, 1993, Matthew F. Talbot, then nine years old, was riding as a passenger in a utility vehicle driven by defendant Patricia Heimbaugh (hereinafter defendant) when her vehicle collided with a vehicle driven by defendant Brian J. De Castro. After the accident, plaintiff, Talbot's father, commenced this action for personal injuries individually and on his son's behalf. Following joinder of issue but prior to the completion of discovery...

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