The appellants appealed a jury verdict in a motor vehicle accident case, arguing the trial judge erred in instructing the jury on negligence, proximate cause, and the onus on a driver who was on the wrong side of the road.
The Court of Appeal dismissed the appeal, finding that the jury charge, read as a whole, properly instructed the jury that the onus was on the defendant to explain how the accident occurred without his negligence due to an emergency situation.
The jury's conclusion that the defendant acted as an ordinary, prudent person in an emergency was upheld.
