It was late at night and very wet and, rather than wait for a taxi to take her home, Anna was only to happy to accept a lift from Michael. He smelt strongly of alcohol and had trouble keeping the vehicl on the road. Anna decided to continue the journey as it was raining very heavily. Shortly afterwards Michael lost control of the vehicle and hit a tree, leaving both Anna and himself seriously injured.

Will Anna be able to successfully sue Michael in negligence? What does she need to  establish in order to succeed in such an action?