Bus Driver Not Liable For Injuring Passengers By Braking Hard to Avoid Pedestrian
Reasons for judgement were published today by the BC Supreme Court, Kelowna Registry, dismissing a negligence claim against a bus driver whose hard braking injured several passengers.
In today’s case (Clarkson v Elding) multiple plaintiffs sued for damages following injuries sustained while passengers on a bus. The Defendant operator “braked suddenly to avoid a collision with a pedestrian who was jaywalking across East Hastings.” The resulting force of the braking “caused many passengers on the bus, including the plaintiffs, to fall or be slammed against seats and/or other passengers“.
The claims were dismissed with the court finding no negligence in these circumstances. In reaching this conclusion Madam Justice Horsman provided the following reasons: