Casey has a well-earned reputation for being immature and irresponsible. She works in a warehouse that is owned by Finnegan Inc. Two weeks ago, she spent much of a workday goofing off and hiding in the restroom. Near the end of her shift, she snuck into a restroom stall and smoked a marijuana cigarette. When the time bell rang, she punched the clock, left the warehouse, jumped into her car, and opened a bottle of vodka. Halfway home, she finished the bottle as she waited at a red light. The combined effect of the marijuana and the vodka dulled Casey's senses. When her light turned green, she shifted her vehicle into gear and slowly began to drive through the intersection. While she was doing so, however, she was blindsided by a car driven by Rusty. Until that moment, Rusty had a perfectly clean driving record. Despite having a licence for more than three decades, he had not received a single ticket and had never been involved in an accident. He always drove carefully, cautiously, and within the law. On this occasion, however, his attention was distracted by a rabbit. As he watched the animal hopping through a nearby field, he failed to notice that his light was red. When the police arrived on the scene, they observed three facts about Casey: (i) she had suffered a broken leg during the accident, (ii) she was impaired by drugs and alcohol, and (iii) she had an unregistered pistol hidden under her front seat. Casey will be facing criminal prosecution. For the purposes of this question, however, you should focus entirely on the negligence action between Casey and Rusty. Who is likely to win that lawsuit? Will the defendant be able to avoid liability, in whole or in part, on the basis of some defence? Explain your answer.