Wellington et al. v. Hopkins

Wellington et al. v. Hopkins

Court found on balance of probabilities that Hopkins breached the standard of care by following in and driving within the white-out behind the Doe vehicle, allowing his vehicle to occupy part of the northbound travelled portion and thereby causing the head‑on collision; Wellington took reasonable precautions and was...

Source-derived case information.

Citation
2000 BCSC 1072
Parties
Plaintiff (action B971255); Defendant (action B975393): Ronald George Wellington; Defendant (action B971255); Plaintiff (action B975393): Kenneth David Hopkins (by his Guardian ad Litem and Committee, David Richard Hopkins); Defendant (action B975393): Interlink Freight Systems, Inc.; Defendant (action B975393): G.E. Capital Canada Equipment Financing Inc.; Defendant (action B975393) Unidentified Southbound Truck/driver: John Doe; Defendant (action B975393): Insurance Corporation of British Columbia
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 July 2000
Procedural Posture
Civil Negligence Motor Vehicle Collision (consolidated Actions) / Liability Judgment Rendered; Damages and Costs Reserved for Further Proceeding
Outcome
Judgment for Ronald George Wellington against Kenneth David Hopkins in Action B971255 (liability established against Hopkins). Action B975393 (Kenneth Hopkins v. Wellington et al) dismissed. Action against John Doe and Insurance Corporation of British Columbia dismissed. Costs awarded to John Doe and ICBC against...
Legal Topics
Duty to Keep Right, Following Distance, Causation, Admissibility of Prior Conduct Evidence, Expert Reconstruction, White Out Driving
Source Language
english
Torts Motor Vehicle Accidents Negligence Insurance Duty to Keep Right Following Distance Causation Admissibility of Prior Conduct Evidence +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ronald George Wellington

Plaintiff (action B971255); Defendant (action B975393)

Kenneth David Hopkins (by his Guardian ad Litem and Committee, David Richard Hopkins)

Defendant (action B971255); Plaintiff (action B975393)

Interlink Freight Systems, Inc.

Defendant (action B975393)

G.E. Capital Canada Equipment Financing Inc.

Defendant (action B975393)

John Doe

Defendant (action B975393) Unidentified Southbound Truck/driver

Insurance Corporation of British Columbia

Defendant (action B975393)

Procedural Posture

Civil Negligence Motor Vehicle Collision (consolidated Actions) / Liability Judgment Rendered; Damages and Costs Reserved for Further Proceeding

Legal Issues

  1. 1 Whether one or both vehicles were in the wrong lane at collision
  2. 2 Whether Hopkins breached standard of care by following in white-out and/or driving into northbound travelled portion
  3. 3 Whether Wellington breached standard of care by moving left after passing Doe or by speed

Ratio Decidendi

Court found on balance of probabilities that Hopkins breached the standard of care by following in and driving within the white-out behind the Doe vehicle, allowing his vehicle to occupy part of the northbound travelled portion and thereby causing the head‑on collision; Wellington took reasonable precautions and was not negligent; John Doe and ICBC not liable.

Court Disposition

Judgment for Ronald George Wellington against Kenneth David Hopkins in Action B971255 (liability established against Hopkins). Action B975393 (Kenneth Hopkins v. Wellington et al) dismissed. Action against John Doe and Insurance Corporation of British Columbia dismissed. Costs awarded to John Doe and ICBC against...

Orders

  • Judgment for Ronald George Wellington against Kenneth David Hopkins (Action B971255): liability established against Hopkins.
  • Action B975393 (Kenneth David Hopkins v. Ronald George Wellington, Interlink Freight Systems Inc., G.E. Capital Canada Equipment Financing Inc., John Doe, Insurance Corporation of British Columbia) dismissed.