HILL V. EDMONDS
Sup. Ct. of N.Y., App. Div., 26 A.D.2d 554, 270 N.Y.S.2d 1020 (1966)
NATURE OF THE CASE: Hill (P) appealed from a judgment which dismissed her complaint
against Edmonds (Ds).
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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