Flanagan v. Valente

According to the complaint, the plaintiff was an auxiliary state poliee trooper and was standing in the roadway directing traffic when he was struck by an automobile being driven by the defendant James M. Valente and owned by the defendant Dorothy Valente.

By way of special defense, the defendants have alleged: “A direct and proximate cause of such injury, damage and consequential loss as the plaintiff sustained was the negligence of the plaintiff which negligence consisted of the following acts and omissions: (a) in standing in the highway upon which automobile traffic was moving while clad…