The appellant was assaulted by her husband while driving, causing her to lose control of the vehicle and strike her head.
She applied for statutory accident benefits.
The Licence Appeal Tribunal found the incident was not an 'accident' because the assault was an intervening act and the dominant feature of the injuries.
On appeal, the Divisional Court held that the adjudicator erred in law by failing to consider the incident in two phases: the assault itself, and the subsequent loss of control of the vehicle.
The appeal was allowed in part, and the issue of whether the injuries from the loss of control constituted an accident was remitted for a hearing.
