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Allstate Insurance Company v. State Farm Mutual Insurance Company No. 43, Sept. Term, 2000 - page 4 / 26

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the side roads were snow-covered. There was a dispute as to the precisecondition of the Beltway. In a

statement given to State Farm four days after the accident, Kirby said that she was traveling about 50-55

miles perhour and was “worried about the ice that was on the road,” when she was hit from the rear. The

car that struck her was being driven by Mark Winston. Corazon Gregorie, the owner of that car, was in

the front passenger seat. Because she did not like to drive in the snow, Gregorie had asked Winston, her

boyfriend, to drive. Kirby said that she was watching the road and did not see the Gregorie vehicle prior

to the collision. She assumed that Mr. Winston was going too fast.

Some of what Kirby said in her report was disputed by other witnesses, who were not in complete

agreement with one another. The police report stated that the road was wet, but not icy. Gregorie said

the road was dry; Winston said that it was damp. In deposition testimony, Gregorie said that Winston was

goingabout55milesperhourinthethirdlaneoftraf ic—thesamelaneinwhichKirbywasdriving. She

described the accident:

“We were approaching the Kenilworth Avenue exit, that is the exit that we take when we want to go home. There was a dark car in front of us. It had no lights. I noticed this, and it was also going very slow. Mr. Winston was not reacting to this car. I had seen the car, andhe was not reacting. And at the point that I thought he should be maneuvering or braking, he wasn’t. So at that point, I said look out — something to that effect, or watch out, look out — at which point, he braked.”

The braking was too late.

Winston stated in deposition that he was in the second, not the third lane, about 100 yards from

the beginning of the Kenilworth Avenue exit ramp, and was preparing to move into the slow lane to get on

to the exit ramp when he heard Gregorie tellhim to watch out. He had been momentarily distracted, as

he turned hishead to the right to keep track of a car traveling in the right lane just behind him. He had just

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