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This section contains the nature of the case and procedural background.

P sued to recover injuries from a car that was negligently parked so that it extended onto a paved highway. D alleged that P was contributorily negligent in driving in excess of 55 mph. Evidence presented at trial showed that P's car left a 230-foot tire mark (145 feet of it before the collision). During trial, D presented evidence from the Driver's Refresher Handbook of Traffic Laws and Highway Safety. P objected to the use of the 55-foot reaction time and the 156 feet braking distance for the average car going 55 mph. The jury found both parties negligent, and P appealed.

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