Mercure, J.P.
In January 1999, while operating his snowmobile at night during a heavy snowstorm, plaintiff collided with the parked vehicle of defendant Daniel Giebel (hereinafter defendant), causing plaintiff substantial personal injuries. Although defendant alleges that his vehicle was parked on the lawn of a residence, the vehicle was indisputably in the traveled portion of County Road 94 after the accident. Plaintiff commenced this action, alleging as relevant...
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