The moving defendants sought summary judgment to dismiss the plaintiffs' negligence claim against the defendant driver.
The plaintiff was a passenger in the defendant's vehicle when an oncoming vehicle crossed the centre line, creating an emergency.
The defendant steered left to avoid a collision, but the oncoming vehicle swerved back, resulting in a head-on collision.
The court applied the 'full appreciation test' and the 'agony of collision' principle, concluding that the conflicting expert evidence and the factual determination of whether the defendant's evasive action was reasonable in the circumstances required a trial.
The motion for summary judgment was dismissed.
