“Accidents will happen, they only hit and run
I don’t want to hear it cause I know what I’ve done”
Fate vs. Chance
IN EFFECT, the defendant establishes the principle that, where one encounters an unexpected and unforeseeable condition(s) and an accident occurs, the fact that an accident occurs does not necessarily establish a lack of competence to the point of negligence on the part of the individual whose conduct is in question.
The defendants actions were consistent with those of a reasonable and competent individual and there is no evidence whatsoever that establishes any lack of reasonable skill or aptitude. Though possibly tragic and unfortunate an INEVITABLE ACCIDENT may be occasioned, on the evidence without any negligence whatsoever on anyones part. The court comes to the conclusion that the incident was the result of inevitable accident. CASE DISMISSED.