The appellant was rendered a paraplegic after being shot by an unknown assailant while driving his wife's car.
He applied for statutory accident benefits, which his insurer denied on the basis that the incident was not an 'accident' under section 2(1) of the 1996 Statutory Accident Benefits Schedule.
The Court of Appeal upheld the motions judge's decision, finding that the gunshots, not the use or operation of the automobile, were the direct cause of the appellant's injuries.
The appeal was dismissed.
