Our client, an 86 year old woman, was driving on a two lane highway near Barrie, Ontario. She was in a lineup behind a truck. Her vehicle drifted into the oncoming lane. The Plaintiff was approaching from the opposite direction, speeding. The two collided. Our client died at the scene of heart failure.
The plaintiff suffered multiple fractures of the calcaneous. She underwent multiple surgeries and all of the medical evidence confirmed that she will have to have a fusion in the future. She also suffered nerve and tendon damage.
Plaintiff claimed our client caused the accident because she was trying to pass the truck in front of her We argued that it was more likely that she suffered an unforeseeable, incapacitating coronary event, causing her to lose control of her vehicle.
After 3 1/2 weeks, the jury deliberated for two days and returned a verdict finding that the Plaintiff was indeed seriously injured, but that there was no negligence on the part of our client. Her action was therefore dismissed.
Featured in this Post: