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flashlight, Froggett had a conversation with him during which Froggett saw in the beam of light trained on Clark that his shoulder belt and lap belt were both in place. Id. at 19.2/

Like Clark, the three emergency medical technicians (“EMTs”) who arrived at the accident scene after Froggett do not remember whether Clark’s lap belt was in place. David Duncan, whose duties included ensuring that no seat belt hindered the EMTs’ removal of Clark from the car, agreed that he “[c]ould have” unbuckled Clark’s seat belt, but stated that he “just can’t recall the incident.” NR 47:Tab 9 at 13 (“I can’t really recall any of the seat belts on any of the wrecks I’ve worked.”). Similarly, Robin Moseley had no recollection about Clark’s seat belts. NR 47:Tab 10 at 29.

2/

Froggett testified as follows:

Q.

A.

Whenyouweretalkingtohim,didyouusethe lashlightsoyou—putthe lashlightonhim so you could see him when you talked to him? Yes.

*****

  • Q.

    Whenyoulookedinthecarwiththe lashlight,couldyouseeifhewaswearingaseat belt?

  • A.

    Yes.

  • Q.

    And was he?

  • A.

    Yes.

  • Q.

    Now, a seat belt has two portions, it has a shoulder portion that goes across the chest and

a lap portion, a lap belt. Were both of these belts in place?

  • A.

    They appeared to be.

  • Q.

    And you were able to observe that with a flashlight?

  • A.

    Yes.

  • Q.

    Did the lap belt appear to be properly latched into the buckle?

  • A.

    I don’t know.

  • Q.

    You didn’t try and reach in and grab it or anything?

  • A.

    No.

  • Q.

    But from what you could see, it looked like it was in the proper location across his lap?

  • A.

    It was across his lap, yes.

NR 47:Tab 5 at 19-20.

4

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