The plaintiff was injured in a motor vehicle accident and sued the driver of the at-fault vehicle for damages. The defendant initiated a third party claim against a party who was alleged to have contributed to the accident due to road rage. The plaintiff and the defendant settled the main action. A trial proceeded with respect to the third party claim. Justice Diamond found that the accident between the plaintiff and the defendant would not have happened but for the actions of the third party, and held the third party 50% at fault for the accident. The third party was ordered to pay half of the settlement amount.
