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Torts Keyed to Underwood
Cervelli v. Graves
Citation:
661 P.2d 1032 (Wyo. 1983)Facts
One day, both the plaintiff and the defendant were driving on a highway. Because it was winter, the road itself was covered in black ice. At one point in time, the plaintiff had difficulty controlling his vehicle and started to slide. The defendant Graves, who was approaching the plaintiff from behind at a speed of 35-49 m.p.h attempted to pass the plaintiff’s swerving vehicle first on the left side, then the right. The defendant also lost control and his cement truck collided with the plaintiff’s pickup. The defendant Graves was an experienced, professional truck driver with over ten years of truck driving experience. The defendant Graves possessed a class “A” driver’s license which entitled him to drive most types of vehicles including heavy trucks.
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