Kevin Gourlay represented a client who was one of four people injured by a driver who lost consciousness and pressed the accelerator. The trial judge dismissed the case on the basis that the driver had an unexpected coughing episode. Kevin worked with appeal counsel who successfully overturned the lower court decision and awarded a new trial. The Court of Appeal found that the trial judge made a palpable (obvious) and overriding (significant) error in assessing the evidence of another passenger. This case illustrates the lengths that Murphy Battista LLP will go on behalf of their clients.