The court granted summary judgment in favour of the defendants, dismissing the plaintiff’s action arising from a motor vehicle accident involving escaped cattle.
The court found no evidence of negligence, breach of duty of care, or public nuisance on the part of the defendants.
The decision emphasizes the requirement for the responding party to put their best foot forward on a summary judgment motion and clarifies that the mere escape of a farm animal is insufficient to establish liability without evidence of negligent action or inaction.
