SMITH, Justice.
Ned Thompson was driving southward at about 50 miles per hour on a flat stretch of Georgia Highway 227 on September 8, 1981, near Ailey. According to a state policeman who responded to a 9:20 p. m. call and investigated, Thompson said at the scene that he noticed a pick-up truck in the ditch on the east side of the highway (to Thompson's left) and momentarily he saw something lying near the center of the road, but too late to avoid striking and killing...
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