Derek Vihvelin

The appellants appealed a summary judgment dismissing their negligence action against one defendant (Franchetto) following a motor vehicle accident.

The motion judge found Franchetto not negligent, applying the "sudden emergency" doctrine.

The Court of Appeal upheld this decision, finding no palpable and overriding error in the motion judge's conclusion that Franchetto's actions were reasonable given the sudden emergency created by the other driver.

The appeal was dismissed.

The defendant Phillip Franchetto brought a motion for summary judgment to dismiss negligence claims against him arising from a head-on motor vehicle collision.

The plaintiffs, passengers in the other vehicle, alleged Franchetto was negligent for his speed and evasive maneuvers.

The court dismissed the motion, finding that Franchetto's actions were reasonable and did not breach the standard of care, nor were they a legal cause of the plaintiffs' injuries.

The court emphasized that expert opinions based on hindsight and counterfactuals cannot supplant the legal standard of a reasonable and prudent driver in an emergency.

The plaintiff brought a motion to extend the time to file a statement of claim for personal injuries arising from a motor vehicle accident.

Although the notice of action was issued within the two-year limitation period, the statement of claim was not filed within the required 30-day period due to the plaintiff's lawyer's inadvertence and staffing issues during the COVID-19 pandemic.

The court applied the Nugent factors and found that the delay was caused by inadvertence and that the defendant suffered no prejudice, as her insurer had been promptly notified of the claim.

The motion was granted, and the plaintiff was awarded partial indemnity costs.