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Contributory negligence Tag

Hauer & Co. > Posts tagged "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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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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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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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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