The defendant repair shop brought a motion to strike the plaintiff's negligence claim under Rules 21.01(1)(b) and 25.11 of the Rules of Civil Procedure, arguing the statement of claim disclosed no reasonable cause of action and was scandalous, frivolous, or an abuse of process.
The plaintiff alleged the repair shop negligently failed to properly inspect and diagnose vehicle damage following a motor vehicle accident, improperly diagnosed necessary repairs, and failed to disclose known defects.
The court dismissed the motion, finding the plaintiff had sufficiently pleaded all elements of negligence and that the claim was viable and should proceed to trial.
The court also rejected the defendant's argument that the Insurance Act barred the claim.
