In what circumstances will a tow truck be deemed to have contributed to a motor vehicle accident?

In the Scott v. Whitworth case it appears clear that there was in fact another vehicle involved which may have contributed to the accident in that case but in the case at bar the evidence that there may have been a third vehicle, namely, the alleged tow truck, is very skimpy, unreliable and unconvincing. Moreover, the delays by the defendant seem to me to be inexcusable.

For these reasons I think the case at bar may be distinguished from the Scott v. Whitworth case. Therefore instead of granting the defendant’s motion to add the administrator I should adjourn the motion sine die and refer it to the trial judge to be dealt with during or after the trial of the issue between the plaintiff and the defendant. However, at that trial the defendant will no doubt assert by way of a yet to be amended statement of defence that the accident was really caused by the tow truck ramming the rear of the defendant’s vehicle.