Grant v Dempsey

 On the facts of this case, I find that Mr. Grant was the sole cause of this unfortunate accident. I find no fault on the part of Mr. Dempsey. In hindsight, one could no doubt think of alternate actions Mr. Dempsey might have been able to attempt; however, I find that the actions of Mr. Dempsey were reasonable in the circumstances in which he found himself.

Those circumstances, i.e., Mr. Grant lying in dark clothing in the middle of the lane traveled by Mr. Dempsey at 1:30 in the morning created an emergency which Mr. Dempsey could not expect. Mr. Dempsey was at all times driving reasonably and his actions upon seeing the unexpected object were reasonable. In fact he, in all probability, had no time to do anything else. Therefore, I can find no liability on the part of Mr. Dempsey. [24] The action of the plaintiffs is therefore dismissed. I will entertain written submissions on the issue of costs if the parties cannot agree on costs. Otherwise, I would issue an order prepared by counsel for the defendant and consented as to form and as to costs by counsel for the plaintiffs.