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Drenning v. Williams

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


June 18, 1973

WILLIAM J. DRENNING AND HILDA A. DRENNING, HUSBAND AND WIFE AND ALBERT L. STYER, JR. AND SHIRLEY M. STYER, HUSBAND AND WIFE
v.
JOHN H. WILLIAMS, APPELLEE V. LAWRENCE F. ANDRESEN, III, THIRD PARTY DEFENDANT, APPELLANT

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Before VAN DUSEN, GIBBONS and ROSENN, Circuit Judges

Opinion OF THE COURT

Per Curiam:

This appeal challenges the July 5, 1972, order entering judgment n.o.v. in favor of the defendant truck driver in his claim for contribution from the third-party defendant automobile driver. The plaintiffs, passengers in the automobile, were injured when it collided with the defendant's disabled flatbed trailer which was blocking the westbound lane of the highway. According to the automobile driver's own testimony (95a-100a, 120a-123a), the truck was some 70-80 feet beyond a dip in the road; he first saw the truck in his headlights immediately upon coming out of the dip in the road (over the crest of the hill forming the western end of such dip), when he was about 60-65 feet from it;*fn1 and because of his speed, about 50 to 55 miles per hour, he was unable to stop in time. As the district court opinion makes clear, driving at this speed under these circumstances violated Pa. Stat. Ann. tit. 75, ยง 1002(a),*fn2 and, under the admitted facts, was negligence as a matter of law. See Drenning v. Williams, 344 F. Supp. 1365 (E.D. Pa. 1972), and cases cited therein.*fn3

The judgment of the district court will be affirmed.


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