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Supreme Court Hearings
Joan Clements, by her Litigation Guardian, Donna Jardine v. Joseph Clements
Joan Clements, by her Litigation Guardian, Donna Jardine v. Joseph Clements (February 17, 2012) Case #34100 The applicant was severely injured while riding on a motorcycle driven by her husband, the respondent. The trial judge found that the respondent was negligent in two respects: he was driving at an excessive speed and the motorcycle was overloaded. The trial judge applied the material contribution test and found that causation had been established. As a result of this, the respondent was liable for the injuries sustained by the applicant. The Court of Appeal allowed the respondent’s appeal and dismissed the applicant’s action.