ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
KURREN, United States Magistrate Judge.
I. INTRODUCTION
This case arises out of the fatal shooting, on August 17, 1990, of Joseph R. Pezzimenti by Franklin L. Cage, while Cage was seated in the driver's seat of his pick-up truck. The estate of Pezzimenti filed a tort action against Cage in State court. State Farm
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