Even though a sedan containing several plaintiffs recklessly attempted to pass a tractor-trailer from a right-turn-only lane, the case against the truck driver involved in the collision will be allowed to proceed, the state Superior Court has ruled.
A divided three-judge panel of the court ruled on Feb. 20 that, because the plaintiffs in the case, Harvey v. Palumbo, presented expert testimony claiming that the truck driver failed to properly scan his rearview mirrors, the case against the truck driver should be allowed to go forward. The decision reverses an order from the Clearfield County Court of Common Pleas granting summary judgment to the truck driver in the fatal motor vehicle case.
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