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Lewis, Nicole v Daphne Barbee-Wooten

Court: 
Supreme Court
Subject: 
Tort, Negligence
Catchwords: 

Tort-Negligence-Motor vehicle collision-Claimant asleep during incident-Claimant's pleadings assert negligence on part of defendant-Whether claimant has proven her pleaded case in circumstances where she did not see what happened.

Tort-Negligence-Res ipsa loquitur-Whether a claimant can rely on res ispa when plead how the incident happened-Whether res ipsa arises in this case-Whether res ipsa needs to be pleaded for a claimant to rely on same-Whether the defendant has rebutted presumption of negligence if res ipsa arises.

Tort-Negligence-Inevitable accident-Whether defendant has given evidence for court to find inevitable accident.

Document Type:

Year: 
2026
Suit/Claim number: 
SU2023CV 02218
Judge(s): 
Dale Staple J