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The lawsuit claimed Tolar was negligent in allowing his Geo Prism to reach the point where it stalled on the highway, and for failing to move it out of the way of oncoming traffic. A police report said the Prism became stalled when it spun out after being cut off by another vehicle.
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I don't understand the negligence of Tolar. His car stalled when it was spun out after being cut off by another vehicle. If his car was stalled, how could he have moved it? I do think that road flares or road cones should have been put down, but for someone who was driving drunk and not paying attention to the road, would it have alerted him?