Spain, J.
This action arises from a motor vehicle accident which occurred on the morning of December 12, 1991 on State Route 30 in the Town of Northampton, Fulton County. Plaintiff and Steven Petoff were passengers in a van operated by defendant Frederick B. Reed. The record reveals that Petoff occupied the passenger seat and plaintiff was sitting on a tool box just behind the two seats in the van. Reed had driven approximately five or six miles on State Route 30...
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