The appellant, who was struck by a vehicle as a child pedestrian, appealed the dismissal of her action following a jury trial.
She argued the trial judge erred in permitting cross-examination on a hospital record and in the jury charge regarding the driver's duty of care and proper lookout.
The Court of Appeal dismissed the appeal, finding the trial judge's limiting instructions cured any prejudice from the cross-examination and the jury charge adequately equipped the jury to assess the driver's negligence and reverse onus.
