A man who was seriously hurt when the truck he was riding in crashed during a drag race in Cortland County cannot sue the other participants because of his own responsibility for the illegal racing, an upstate appeals court ruled Thursday.
The Appellate Division, Third Department, decided 4-1 that Matthew Hathaway knew the driver, Brian Eastman, had been drinking beer before the nighttime race and egged Eastman to go faster. Police said Eastman was going more than 100 miles per hour when he lost control and hit a tree.
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