Tort - Negligence – Motor vehicle collision - Claimant asleep during incident – Claimant's pleadings assert negilgence on part of defendant – Whether claimant has proven her pleased case in circumstances where she did not see what happened – Res ipsa loquitur - Whether a claimant can rely on res ipsa when they pleade how the incident happened – Whether res ipsa arises in this case – Whether res ipsa needs to be pleaded for a claimant to rely on same – Whether defendant has rebutted presumption of negligence if res ipsa arises – Inevitable accident – Whether defendant has given evidence for Court to find inevitable accident.
Case Number
SU2023CV02218
Presiding Judge
Year
Neutral Citation
[2026] JMSC Civ 90
Date of Delivery
lewis-nicole-v-barbee-wooten-daphne.pdf
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