Romney v. Flinn

Romney v. Flinn

Adjudicator accepted claimant had stopped and entered the intersection first but was partly negligent for proceeding with an obstructed view; defendant nevertheless struck the claimant while claimant was in the intersection, so liability was apportioned under the Contributory Negligence Act at 75% for the defendant and 25% for the claimant and damages awarded accordingly.

Citation
2011 NSSM 5
Parties
Claimant: George Philip Ross Romney; Defendant: Stephen L Flinn
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
9 February 2011
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for claimant in part; liability apportioned 75% to defendant and 25% to claimant; monetary award and costs ordered.
Legal Topics
Right of Way, Intersection Collisions, Stop Sign Compliance, Apportionment of Liability, Motor Vehicle Act S.122
Source Language
English
Motor Vehicle Law Negligence Contributory Negligence Statutory Interpretation Right of Way Intersection Collisions Stop Sign Compliance Apportionment of Liability +1 more

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Parties

George Philip Ross Romney

Claimant

Stephen L Flinn

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the claimant stopped at the stop sign before entering the intersection
  2. 2 Which driver had the right-of-way under Motor Vehicle Act s.122
  3. 3 Whether to apportion liability under the Contributory Negligence Act

Ratio Decidendi

Adjudicator accepted claimant had stopped and entered the intersection first but was partly negligent for proceeding with an obstructed view; defendant nevertheless struck the claimant while claimant was in the intersection, so liability was apportioned under the Contributory Negligence Act at 75% for the defendant and 25% for the claimant and damages awarded accordingly.

Court Disposition

Judgment for claimant in part; liability apportioned 75% to defendant and 25% to claimant; monetary award and costs ordered.

Orders

  • Defendant to pay claimant $1618.39 (75% of repair costs plus HST)
  • Defendant to pay court costs $89.68