“In the absence of evidence …”

 

The case: The Claimant had come out of her house intending to cross the road and catch a bus on the other side of the road. She stepped into the path of a bus. The driver braked and swerved to the right in an attempt to avoid the claimant but the bus collided with a traffic island and with the claimant. As result of the collision the claimant sustained injury. At the liability only trial the judge dismissed the claim. This was an appeal against the judge’s decision.

 

 

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