Reid v. Perry Rand Transportation Group Ltd.

Reid v. Perry Rand Transportation Group Ltd.

Adjudicator found the defendant's parked bus obstructed the stop sign but the claimant also failed to keep a proper lookout; liability apportioned 50/50, reducing the claimant's assessed total loss by half; judgment entered against Perry Rand for the apportioned loss plus costs, totaling $1,484.34.

Citation
2004 NSSM 42
Parties
Claimant: Nathan Alexander Reid; Defendant: Perry Rand Transportation Group Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
26 May 2004
Procedural Posture
Small Claims Court Motor Vehicle/property Damage / Decision and Order (hearing Concluded)
Outcome
Judgment for claimant in part; defendant ordered to pay apportioned damages and costs.
Legal Topics
Obstruction of Traffic Sign, Duty to Keep Proper Lookout, Contributory Negligence, Apportionment of Liability, Measure of Damages
Source Language
English
Tort Negligence Motor Vehicle Law Damages Obstruction of Traffic Sign Duty to Keep Proper Lookout Contributory Negligence Apportionment of Liability +1 more

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Parties

Nathan Alexander Reid

Claimant

Perry Rand Transportation Group Ltd.

Defendant

Procedural Posture

Small Claims Court Motor Vehicle/property Damage / Decision and Order (hearing Concluded)

Legal Issues

  1. 1 Whether Perry Rand was liable for collision damage because its bus obstructed the stop sign
  2. 2 Whether claimant's own negligence reduces recovery and by what proportion
  3. 3 Appropriate measure of damages for the damaged vehicle and related losses

Ratio Decidendi

Adjudicator found the defendant's parked bus obstructed the stop sign but the claimant also failed to keep a proper lookout; liability apportioned 50/50, reducing the claimant's assessed total loss by half; judgment entered against Perry Rand for the apportioned loss plus costs, totaling $1,484.34.

Court Disposition

Judgment for claimant in part; defendant ordered to pay apportioned damages and costs.

Orders

  • Perry Rand Transportation Group Ltd. shall pay Nathan Alexander Reid the sum of $1,484.34