Is the Village of O'Leary liable in the circumstances of a motor vehicle accident?

The question of whether the Village of O'Leary is liable in the circumstances of this case does not come down to simply applying settled law to admitted facts. As was stated at paragraph 51 of Hryniak v. Mauldin, "there may be cases where, given the nature of the issues and the evidence required, the judge cannot make the necessary findings of fact, or apply the legal principles to reach a just and fair determination." I find this to be one of those cases.