Supreme Court quashes appeal judgment for lack of evidence on fault and allows statute of limitations defense in second instance.

The Supreme Court quashed the appellate court's judgment because it failed to conduct its own evidence gathering regarding the defendant's fault, relying solely on the first instance record. The defendant argued that the claim was time-barred and that liability should be based on fault rather than strict risk, while the first instance court had ruled on strict liability. The court held that determining fault requires specific evidentiary proceedings and that a statute of limitations defense remains valid even if raised for the first time in the appeal.