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Torts keyed to Best
Thomas v. McDonald
Citation:
667 So.2d 594 (Miss. 1985).Facts
The crew had experienced problems with the truck in the days preceding. This included installing a new battery and “kick-starting” the vehicle just prior to the incident. Despite these attempted repairs, the vehicle stalled while driving up a steep incline around 5:45-6:00 pm, when nightfall was beginning to set in.
Baker attempted to repair the vehicle yet again, to no success, so instead stood in front of the vehicle attempting to warn oncoming traffic of the vehicle. The vehicle covered the entire eastbound traffic lane, and it was not equipped with emergency flashing lights.
McDonald, driving another vehicle, did not see Baker or the stalled vehicle. He collided with the parked car, which resulted in injuries to McCormick, who was inside the vehicle.
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