A driver with right of way in an overtaking lane is not negligent for failing to yield to a vehicle whose indicator is flashing in the slow lane, where the indicator conveys no more than a desire to overtake when safe and the vehicle veers out suddenly. A trial judge must address critical tensions in the evidence of a key witness whose identification is accepted, particularly where the witness's positive identification is contradicted by physical evidence, and failure to do so warrants a new trial.
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