Hill v. Edmonds Sup. Ct. Of N.Y., App. Div.,

26 A.D.2d 554, 270 N.Y.S.2d 1020 (1966)

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Nature of the Case

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Facts

Bragoli (D1) left his tractor truck parked in the middle of the road without lights on a stormy night. Hill (P) was a passenger in a car that collided with the truck from the rear. P was injured. P sued both the driver of her car, Edmonds (D2) and D1 for damages. D2 testified that she saw the truck when it was four car lengths ahead of her and that she saw it in enough time to turn; the next thing she knew she was unconscious. The trial court found that D2 was guilty of negligence and was solely responsible for the collision. The complaint against D1 was dismissed. P appealed.