CIVIL PROCEDURE - Trials - Jury trials - Verdicts

Law360 Canada ( January 9, 2018, 11:08 AM EST) -- Appeal by a motorist from the dismissal of her claim for damages for injuries sustained in a motor vehicle accident under the unidentified driver coverage in her policy. The appellant was involved in a motor vehicle accident in November 2008. She claimed that an oncoming vehicle crossed the centre line and she was required to swerve to avoid a collision. She lost control of her vehicle and rolled into a ditch. As a result of the accident, she suffered injuries to her neck, shoulders back and right knee. As the other driver did not stop and was not identified, the appellant commenced an action against her own insurer for coverage under the unidentified motorist coverage in her policy. One of the appellant’s passengers testified and corroborated the appellant’s version of events. The insurer called no evidence on liability, but took the position that there was no unidentified driver or, if there was, it did not cross the centre line. The jury determined that the negligence of an unidentified driver did not cause or contribute to the accident. As a result, the appellant’s claim was dismissed. However, the jury also found that the appellant’s evidence of an unidentified driver was corroborated. The appellant appealed the dismissal of her claim on the grounds that the jury verdict was inconsistent....
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