Monthly archive July 2010
COURT DIFFERENTIATES BETWEEN “ALERTED” AND “UNALERTED” RESPONSE TIME
In the case Walter v. Plummer, 2010 BCSC 1017 (“Walter”), released on July 20, 2010, the Court examined the role of scientific evidence relating to driver reaction time in the context of liability apportionment. The case of Walter dealt with an accident in which the Plaintiff was struck by the Defendant’s motorcycle as he jaywalked across a street near a secondary school.
Court Finds no Failure to Mitigate Where Reasonable Efforts Made
In the case of Furness v. Guest, 2010 BCSC 974 (“Furness”), released on July 12, 2010, the Plaintiff was awarded $40,000 in non-pecuniary damages.
Facebook Photographs Considered at Trial
In the case Cikojevic v. Timm, 2010 BCSC 800 (“Cikojevic”), released June 8, 2010, the Court considered the evidentiary role of photographs which were downloaded from the Plaintiff’s Facebook page.
Court Awards $8000 for an “In-Trust” Claim for Services Rendered by Family Members
In Eggleston v. Watson, 2010 BCSC 890, a judgment released on June 24, 2010, the Court considered whether it was appropriate to make an “in-trust” award for services rendered by the Plaintiff’s wife and daughter. The Plaintiff in this case was seriously injured when struck by an intoxicated driver as he walked along the shoulder of a road.
The Court considered the services rendered by the Plaintiff’s family members at para. 220: