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

Cusack (P) sued McNulty (D) as a result of a rear-end collision between their respective cars. D's car ran into P's car at an intersection. P testified at trial that she was stopped at a red light and waiting for it to change when D's car came up from behind and crashed into her car. D then rushed up to P and apologized to her, and when she stated to him that he had wrecked her car, he remarked that that could be fixed. The jury returned a verdict for P for $16,000.

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