NEGLIGENCE – MISTAKEN IDENTITY CLAIM IN MOTOR VEHICLE ACCIDENT – MUTUALLY DESTRUCTIVE VERSIONS
The plaintiff sued the defendant for damages arising out of a motor vehicle accident. The defendant disputed that there was a collision between his vehicle and that of the plaintiff. He pleaded that he was neither present at the time of the accident nor near its vicinity, so the plaintiff effectively mistakenly identified him.
For determination was the issue of liability for negligence, and whether the defendant caused the damage to the plaintiff’s vehicle as alleged. Having considered the testimonies of both parties, the court found . . .