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RUSTIN v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

42118, 42119.

254 Ga. 494 (1985)

330 S.E.2d 356

RUSTIN et al. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al. SPAIN v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al.

Supreme Court of Georgia.

Rehearing Denied June 27, 1985.

Attorney(s) appearing for the Case

Tate, Mallernee & Wildau, Robert P. Wildau, for appellants (case no. 42118).

Virginia P. Gregory, for appellant (case no. 42119).

Joseph Gardner III, Virginia P. Gregory, J. Blair Craig, Tate, Mallernee & Wildau, Robert P. Wildau, for appellees.

GREGORY, Justice.

At approximately 10:15 p. m. on October 28, 1980, appellant Spain was driving in the westbound lane of West Paces Ferry Road in Atlanta. He stopped behind Rustin, the deceased, at a stoplight at the intersection of West Paces Ferry and Northside Drive. When the light became green Rustin did not proceed through it. According to Spain's trial testimony, Spain sounded the horn of his car several times to alert Rustin that the light was green. When Rustin...

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