Pierre owns and operates a French restaurant,Pierre's Brasserie. To expand his business, he sets up a home delivery service of at-home meal kits, which he personally deliversduring the restaurant's non- operating hours. Pierre is an experienced driver with an impeccable driving record.

One afternoon, Pierre is on his way to complete a delivery. However, there are roadworks causing long delays. Pierre tries to search for an alternative route on his phone whilst driving. Jean, who is riding her bicycle in the adjacent bicycle lane but was distracted by the beautiful silver Porsche in another lane, veers in front ofPierre'scar. Although Pierre was driving at the speed limit, and applied the brakes immediately, he was still unable to avoid hitting Jean. Pierre was busy searching for an alternative route on his phone and did not see Jean veering into his lane. Jean sustains several injuries including broken bones and cuts, and her bicycle is destroyed.

Jean wants to sue Pierre, as she claims he was driving negligently.

Use only common law and/or equitable principles to answer questions. Do not use legislation.

Question: Can Jean successfully sue Pierre in negligence, on the basis of her injuries and destroyed bicycle? (12 marks)