Geiger v. Schmidt

Geiger v. Schmidt

The plaintiff failed to prove on a balance of probabilities that the defendant Schmidt breached the required standard of care on December 1, 2007; Schmidt had reduced speed, used appropriate tires and had a plausible non-negligent explanation for the loss of control, and there was no evidence that earlier engagement of 4WD or additional speed reduction would have probably prevented the accident. Therefore the claim against Schmidt for the December 1, 2007 accident is dismissed. The court assessed damages for the plaintiff's ongoing condition, apportioned responsibility among prior accidents (including finding 25% attributable to 2007 and 75% to 2008 for the later accidents, and 15%...

Citation
2010 BCSC 1052
Parties
Plaintiff: Jacqueline Geiger; Defendant: Wayne E. Schmidt; Defendant: Marion Wiens; Defendant: James David Wiens
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 July 2010
Procedural Posture
Motor Vehicle Negligence Personal Injury / Trial Reasons for Judgment (liability and Damages)
Outcome
Claim against Wayne E. Schmidt for the December 1, 2007 accident dismissed for lack of proven negligence; judgment awarded to plaintiff for injuries primarily arising from the December 3, 2008 accident with damages assessed and apportioned among accidents; costs follow the event.
Legal Topics
Liability, Causation, Apportionment, Damages, Loss of Earning Capacity, Non Pecuniary Damages, Medical Evidence, Credibility
Source Language
English
Torts Personal Injury Motor Vehicle Accident Negligence Liability Causation Apportionment Damages +4 more

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Parties

Jacqueline Geiger

Plaintiff

Wayne E. Schmidt

Defendant

Marion Wiens

Defendant

James David Wiens

Defendant

Procedural Posture

Motor Vehicle Negligence Personal Injury / Trial Reasons for Judgment (liability and Damages)

Legal Issues

  1. 1 Whether defendant Schmidt was negligent in causing the December 1, 2007 loss of control and collision
  2. 2 Causation and apportionment of plaintiff's ongoing symptoms between 1979, 2004, December 1, 2007 and December 3, 2008 accidents
  3. 3 Standard of care in adverse weather and evidentiary burden where vehicle slides on slippery road

Ratio Decidendi

The plaintiff failed to prove on a balance of probabilities that the defendant Schmidt breached the required standard of care on December 1, 2007; Schmidt had reduced speed, used appropriate tires and had a plausible non-negligent explanation for the loss of control, and there was no evidence that earlier engagement of 4WD or additional speed reduction would have probably prevented the accident. Therefore the claim against Schmidt for the December 1, 2007 accident is dismissed. The court assessed damages for the plaintiff's ongoing condition, apportioned responsibility among prior accidents (including finding 25% attributable to 2007 and 75% to 2008 for the later accidents, and 15%...

Court Disposition

Claim against Wayne E. Schmidt for the December 1, 2007 accident dismissed for lack of proven negligence; judgment awarded to plaintiff for injuries primarily arising from the December 3, 2008 accident with damages assessed and apportioned among accidents; costs follow the event.

Orders

  • Dismissal of plaintiff's claim against Wayne E. Schmidt for the December 1, 2007 accident
  • Judgment in favour of the plaintiff for damages totalling CAD 237,442.71