Appellant sued respondent and his driver (But the driver was later dropped as a party) for negligent driving which resulted in a traffic accident.

The trial court thereafter dismissed the claim and held that the failure of the appellant to proceed against the driver of the respondent who was alleged to have been negligent and for whose negligence the respondent was being held vicariously responsible was fatal to the claim.

Appellant, dissatisfied with the decision of the trial court appealed to the Court of Appeal