Schwartz v. Subaru of America, Inc.

MEMORANDUM

ROBERT F. KELLY, District Judge.

At around 11:30 p.m. on the evening of February 8, 1992, plaintiff Alan W. Schwartz (“Schwartz”) left a tavern called the Sports­man Bar on Kensington Avenue in Philadel­phia, where he had been shooting pool and drinking for several hours, and got into his 1983 Subaru Hatchback. Schwartz had pur­chased the Subaru new in 1983 and the vehi­cle had nearly 80,000 miles on its odometer. Schwartz drove onto 1-95 and headed north­bound.

Schwartz is unable to recall anything about what occurred next, but a witness stated that at a point near Fraley Street,…