1. 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 Caseys

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.