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HILL v. CARPENTER

508629.

77 A.D.3d 1130 (2010)

909 N.Y.S.2d 195

CHARLES M. HILL, Appellant, v. KYLE M. CARPENTER et al., Defendants, and COUNTY OF MONTGOMERY, Respondent.

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

Decided October 21, 2010.

SPAIN, J.

Plaintiff was grievously injured in a March 16, 2003 automobile accident when traveling as a backseat passenger in a vehicle driven by defendant Kyle M. Carpenter. The vehicle was cresting a hill on Brookman's Corners Road in the Town of Minden, Montgomery County at approximately the same time as a vehicle driven by defendant Gary K. Jones traveling in the opposite direction. Upon sighting each other, both drivers swerved to their right to avoid colliding...

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