Faust v. See

Faust v. See

On the balance of probabilities the judge accepted the credibility of Ms. See and Mr. Luptak, and expert engineering and biomechanical evidence that the impact was a perpendicular T-bone collision in the centre of the lane caused by Mr. Faust turning perpendicular into the lane without warning; therefore Mr. Faust is 100% liable and Ms. See is not contributorily negligent.

Citation
2018 BCSC 1085
Parties
Plaintiff (action No. M133837): Nathaniel Faust; Defendant (action No. M133837): Janet See; Plaintiff (action No. M150783): Janet Kathleen See; Defendant (action No. M150783): Nathaniel Stefan Faust
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 July 2018
Procedural Posture
Motor Vehicle Negligence / Reasons for Judgment Following Trial
Outcome
Nathaniel Faust held 100% liable for the collision; Janet (Kathleen) See absolved of liability.
Legal Topics
Liability, Contributory Negligence, Credibility of Witnesses, Expert Opinion and Biomechanics, Standard of Care in Emergency
Source Language
English
Torts Negligence Motor Vehicle Law Evidence Liability Contributory Negligence Credibility of Witnesses Expert Opinion and Biomechanics +1 more

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Parties

Nathaniel Faust

Plaintiff (action No. M133837)

Janet See

Defendant (action No. M133837)

Janet Kathleen See

Plaintiff (action No. M150783)

Nathaniel Stefan Faust

Defendant (action No. M150783)

Procedural Posture

Motor Vehicle Negligence / Reasons for Judgment Following Trial

Legal Issues

  1. 1 Whether Ms. See or Mr. Faust was liable for the April 21, 2013 motorcycle collision
  2. 2 Whether Ms. See was contributorily negligent

Ratio Decidendi

On the balance of probabilities the judge accepted the credibility of Ms. See and Mr. Luptak, and expert engineering and biomechanical evidence that the impact was a perpendicular T-bone collision in the centre of the lane caused by Mr. Faust turning perpendicular into the lane without warning; therefore Mr. Faust is 100% liable and Ms. See is not contributorily negligent.

Court Disposition

Nathaniel Faust held 100% liable for the collision; Janet (Kathleen) See absolved of liability.

Orders

  • Nathaniel Faust is adjudged 100% liable for the April 21, 2013 motorcycle collision.
  • Janet Kathleen See is awarded costs in respect of both actions; parties have 30 days to contact the registry to make arrangements to appear before the court regarding costs.