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Christopher v. Father's Huddle Cafe1/28/2003
ileup long enough for three racers in addition to the original fallen racer to go over a jump). "Even where the inattention was only momentary, a jury has been allowed to find gross negligence where the inattention occurred in a place of great and immediate danger." Ibid., quoting from Dinardi v. Herook, 328 Mass. 572, 574 (1952).
3. Conclusion. With respect to Café Enterprises, Inc., the order denying the motion for judgment notwithstanding the verdict is reversed, and judgment shall enter for Café Enterprises, Inc.
In all other respects the orders and judgments are affirmed.
So ordered.
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