The appellant purchased a new truck that unexpectedly auto-accelerated to 150 km/h, causing a terrifying incident.
Inspections found no mechanical explanation for the malfunction.
The trial judge dismissed the appellant's claim for the cost of a replacement vehicle, finding no evidence of a defect.
On appeal, the Divisional Court held that the trial judge made a palpable and overriding error by failing to infer a defect from the unexplained failure of the vehicle during ordinary use.
The appeal was allowed and damages were awarded for the replacement cost.
