What is the test for a driver who deliberately causes a pedestrian to fall into the path of another pedestrian?
British Columbia, Canada
The following excerpt is from Jamieson v. Flint, 1996 CanLII 1757 (BC SC):
14 The law governing his action is that it must be shown that, driving reasonably, he had no time or reasonable opportunity to apprize himself of the unfolding events and to take action which would have avoided the collision. It is not enough to say the accident might have been avoided. Rajacich v. Potter (l976) 1976 CanLII 216 (BC CA), 21 B.C.L.R. (2d) 314.
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