Cuming & Gillespie LLP successfully resolved a motor vehicle collision claim in which the defendant’s insurer raised an “inevitable accident” defence based on the allegation the driver suffered an unknown and unexpected cardiac event.

The firm’s cardiology experts refuted the defendant’s assertion, opining that the defendant driver would have experienced the onset of symptoms for some time before the impact of the motor vehicle collision. The experts submitted that the driver could and should have slowed or pulled over his vehicle during this period.

Subsequently, Cuming & Gillespie LLP successfully negotiated a favourable resolution for the plaintiff at mediation.