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Tag: Mr. Justice Gomery

Mother Found 50% at Fault For Striking Her Son With Vehicle

Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing fault following the somewhat unusual fact pattern of a mother striking her own son with a vehicle.

In today’s case (Pringle v. Pringle) the Court described the circumstances and some of the evidence surrounding the collision as follows:

[2]             The collision took place after midnight, in a roundabout driveway just outside Mr. Pringle’s apartment building. Mrs. Pringle had driven over to speak with Mr. Pringle. Mr. Pringle’s sister, Emily Pringle, accompanied her mother. The visit had not gone well. It ended when Mr. Pringle told his visitors to leave and threatened to call the police. They did as he asked, but Mrs. Pringle accidentally took Mr. Pringle’s keys with her when she left. They met in the driveway a short while later to return the keys.

[3]             Immediately before the collision, Mrs. Pringle was at the wheel of her car with the ignition on. Emily was sitting in the front seat on the passenger side. Mr. Pringle was standing outside the car. Mr. Pringle and Mrs. Pringle were arguing through an open window.

[4]             Mr. Pringle testifies that what happened next was that Mrs. Pringle began to drive away, circling the roundabout, while he was standing on the roadway. Mrs. Pringle was driving angrily and recklessly. When he realized that she was driving back towards him and was not going to veer away, he jumped and was hit by the moving car’s windshield.

The Court found both parties equally liable for the crash.  In faulting both the driver and pedestrian Mr. Justice Gomery provided the following reasons:

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ICBC Hit With Double Costs For “Unreasonable Refusal” To Settle Injury Claim

Reasons for judgement were published today by the BC Supreme Court, Kelowna Registry, ordering ICBC to pay double costs after their ‘unreasonable refusal’ to accept a sensible settlement offer in an injury claim.

In today’s case (Stark v. Bartier) the Plaintiff was injured in a collision and sued for damages.  Prior to trial the Plaintiff sought to settle her claim for $70,000 plus costs.  ICBC refused to accept.  At trial ICBC was ordered to pay almost 80% more with a final judgement of $126,430.

The Plaintiff applied for an order of double costs

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