Nova Scotia Supreme Court Justice Arthur LeBlanc ruled Wednesday that Arthur Barron's eight-cup-a-day coffee habit caused a car crash that left his wife with chronic pain and unable to return to work.

Barron was sipping coffee while driving with his wife, Marie, in October 1999. He started coughing and choking, then passed out. The car ran into a ditch and both Barrons were taken to hospital by ambulance.

Marie Barron sued her husband – and his insurance company – for damages. Now that the husband has been found negligent, a jury likely will decide on damages.

"We argued that the driver, particularly in light of similar past incidents, knew or should've known, there was a risk if he was drinking coffee while driving," said Peter Rumscheidt, Marie Barron's lawyer.

Arthur Barron had received a doctor's warning against drinking coffee, which causes him to cough and become light-headed.

The judge ruled Arthur Barron was 90 per cent at fault for the car crash. He assigned 10 per cent fault to Marie Barron for getting in the car knowing her husband had a problem with coffee.

Jean McKenna, the lawyer who represents Arthur Barron and his auto insurance company, said it was difficult to prepare a case because her client didn't co-operate with her.

McKenna said Arthur remembered different facts at the trial than he did in his pre-trial statements. She argued that he would benefit if his wife won the lawsuit and was awarded compensation for her injuries.

"We said the court should scrutinize his evidence very carefully in relation to that. We did argue that he had some interest in the outcome," said McKenna.