McCARTHY, J.
This action arises out of a February 2007 two-vehicle accident that occurred on State Route 9 in the Town of Beekmantown, Clinton County. Stacey L. Frechette (hereinafter decedent) lost control of the car she was driving and crossed into the lane of oncoming traffic where her car struck a pickup truck driven by Neil W. Cahoon and owned by his wife, who was also his passenger.
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