The defendant, Jean Hebert, owned a

The defendant, Jean Hebert, owned a "souped-up" muscle car and had been drinking with the plaintiff, Vincent Hall. They were out driving when the car stalled on a rough gravel road near steep drop-off.

The plaintiff, originally the passenger, asked if he could drive in an attempt to roll start the car. The defendant agreed, aware that he had consumed 11 or 12 bottles of beer that evening. The plaintiff lost control of the car, which left the road down the steep slope and flipped over. The plaintiff suffered severe head injuries as a result.

At trial the judge found the defendant liable for negligence but apportioned liability at 75 percent to the defendant and 25 percent to the plaintiff. The central issue on appeal was whether the doctrine ex turpi causa non oritur actio provided a complete defence.