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Civil Procedure Keyed to Field
Simblest v. Maynard
Citation:
427 F.2d 1 (2d Cir. 1970)Facts
Samuel Simblest, an experienced 66-year-old driver from New Hampshire, was driving westbound on Main Street in Burlington, Vermont on November 9, 1965, during the Northeast power blackout. At approximately 5:27 P.M., as he approached an intersection, defendant Joseph Maynard, a veteran Burlington firefighter, was driving a fire engine southbound on South Willard Street responding to a fire alarm. The fire engine was equipped with multiple warning devices including a wailing penetrator, siren, flashing red lights, and headlights, all of which were operating according to all witnesses except plaintiff. Plaintiff testified he had a green light and did not look to his right before entering the intersection, only looking right when he was halfway through the intersection, at which point he saw the fire engine twelve feet away. The collision occurred one-third of a second later, causing plaintiff to strike his head and allegedly aggravate a pre-existing arthritic condition. All other witnesses testified they heard the siren and saw the flashing red lights on the fire engine.
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