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