Pedestrian Struck by Vehicle: Sudden Intrusion as Exclusive Cause

A dispute arose concerning the liability of a driver who struck a pedestrian, where the pedestrian claimed the driver was solely at fault for failing to maintain a proper lookout, while the driver argued the pedestrian's sudden, unexpected entry into the roadway, despite the driver's diligence, was the sole cause of the accident. The court rejected the appeal, affirming that while the driver has a duty to remain vigilant, the driver is not an absolute insurer against all accidents, and given the sudden and unpredictable nature of the pedestrian's intrusion into the path of travel, the lower court reasonably determined that the pedestrian's own action constituted the exclusive cause, thereby relieving the driver of liability under the principle that a sudden, unavoidable event cannot be imputed as negligence.