District Court, E.D. Pennsylvania March 30, 1981, Civ. A. 80-515 (Curran v. Dural)

MEMORANDUM AND ORDER

HUYETT, District Judge.

The facts of this case taken in the light most favorable to plaintiff are as follows. At approximately 2:45 in the morning of August 2, 1979, an accident occurred in the vicinity of plaintiff’s parents’ home.

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A car crashed through a utility pole and damaged the lawn and shrubbery of the Frizzel home nearby. Awakened by the sound of the collision, Mr.