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Contributory Negligence

Hauer & Co. > Contributory Negligence

Driver exceeding speed limit slightly found 20% liable for collision with pedestrian

In the recent case of Vandendorpel v. Evoy, 2017 BCSC 1865, a pedestrian was struck by a motor vehicle at the “T” intersection created by the termination of Mount View Avenue at Sooke Road, in Colwood, British Columbia (the “Intersection”). There are three marked crosswalks at the Intersection. One traverses Mount View Avenue, one traverses Sooke Road at the northern end of the Intersection and one traverses Sooke Road at the southern end of the Intersection. The two crosswalks that traverse Sooke Road have pedestrian traffic control signals. At approximately 6:45 a.m. on October 9, 2010, the plaintiff Mr. Vandendorpel...

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Collision with train leads to $1.4 million award

In the recent case of Huang v. Canadian National Railway Company, 2018 BCSC 1235, a train owned and operated by the Canadian National Railway (“CNR”) struck the passenger side of Jane Huang’s vehicle. She was crossing railway tracks on Smith Crescent close to Glover Road in Langley, BC (“Smith Crossing”) (“Collision”). Ms. Huang was seriously injured in the Collision. Her most significant injuries include an incomplete spinal cord injury and a traumatic brain injury. Smith Crossing is one of a series of railway crossings adjacent to Glover Road, forming part of what is called the Page railway subdivision (“PSD”). The Canadian Pacific...

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Police speeding at 147 km/h mostly at fault for intersection collision

In the recent decision of Gorman v. Meghji, 2018 BCSC 1904, the Supreme Court of British Columbia apportioned fault between two drivers involved in an intersection accident. On July 22, 2014 in the early afternoon, Constable Chad Gorman, an officer with the Langley detachment of the RCMP responded to a 911 call from a man who said he was being chased by someone with a gun (the “911 Call”). A Priority 1 call is the most urgent priority call for RCMP officers. The call was in Cst. Gorman’s zone of patrol and so he responded immediately. He initiated a U-turn...

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Forty grams per day of marijuana likely to blame for plaintiff’s foggy memory

In the recent case of Kirby v. Loubert, 2018 BCSC 498, the plaintiff, Mr. Kirby, claimed damages for injuries he suffered in an intersection motor vehicle collision.  The collision occurred on March 4, 2009, in Vancouver.  Mr. Kirby was already a paraplegic at the time of the accident.  He used 20 grams per day of marijuana to help him deal with the pain. The defendant, Mr. Loubert, had been driving northbound on Main Street and was turning left at National Avenue.  Mr. Kirby was driving southbound on Main Street in the curb lane, heading straight through that intersection.  They collided as...

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Painted yellow line not needed to show a drop in pavement: change in asphalt colours can substitute

In the recent decision of Sapia v. Invermere (District), 2018 BCSC 1145, the court held a painted yellow line was not needed to identify a drop in pavement height, which could cause a fall.  The plaintiff, who was injured in a fall, sought damages from the municipality for negligent maintenance of a walkway leading to a senior citizen’s hall. On October 17, 2014, the plaintiff, Ms. Sapia, was 82 years old and a regular patron of the Invermere Seniors’ Hall (the “hall”). As she was leaving the hall, Ms. Sapia fell to her left in an area where the walkway...

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Inattentive pedestrian means village not responsible for fall

In the recent decision of Herrington v. Kaslo (Village of), 2018 BCSC 1077, the  court found an inattentive pedestrian who fell was not entitled to damages. The plaintiff claimed against the Village of Kaslo for damages due to a fall on September 8, 2012 on Water Street. Water Street is an unimproved part of the downtown area, which functions essentially as an alley. There are barriers to prevent vehicles from going over the edge of the drop off which is behind the barriers. There is no path on that side of the barriers. To the left of the area where...

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Passenger also negligent because she knew driver was drunk

In a recent decision from the British Columbia Supreme Court in Park v. VW Credit Canada Inc. 2017 BCSC 1733, the Court was tasked with determining whether a passenger should be held partially responsible for her injuries as a result of riding in a motor vehicle operated by an intoxicated driver. In the early morning of January 26, 2013, the life of the plaintiffs' beloved daughter, Song-Yi Park, ended at the age of 26. She died in a horrific single car accident, when she was a passenger in a car driven by her live-in boyfriend, the defendant Jae-Ho Ouh. The plaintiffs...

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Acting in the “Agony of the Moment”

In a recent decision of Bye v. Newman, 2017 BCSC 1718, the plaintiff, a 31-year-old carpenter, suffered injuries when he was involved in a collision with defendant's all-terrain vehicle while the plaintiff was riding his dirt bike. The Supreme Court of British Columbia held that the defendant breached the standard of care expected of ordinary, reasonable, and prudent person by driving his ATV too quickly, and by crossing the centre of road into the oncoming side around a blind corner. The Defendant was 100 per cent liable. To extent that plaintiff's decision to turn to right contributed to his injuries, he acted in...

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