Lombard Insurance Company v. Stock Transportation Ltd.

Lombard Insurance Company v. Stock Transportation Ltd.

The Court found both drivers negligent: the Stock bus driver moved into the left passing lane when it was unsafe and bore majority responsibility, and the Ryder driver failed to adequately signal or avoid the collision despite slowing; liability was apportioned 90% to Stock (and vicariously to its employer) and 10%...

Source-derived case information.

Citation
2008 NSSM 9
Parties
Claimant: Lombard Insurance Company; Claimant: R. MacLean Forestry Limited; Defendant: Stock Transportation Ltd.; Defendant: Marsha Wyatt; Defendant: Ryder Truck Rental Canada Ltd.; Defendant: D.H.L. International Express Ltd.; Defendant: Kenneth Chisholm
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
23 January 2008
Procedural Posture
Small Claims Court Joined Claims / Decision on Liability and Costs (final)
Outcome
Liability apportioned: 90% to Stock Transportation Ltd./driver (vicariously to employer), 10% to Ryder Truck Rental Canada Ltd./driver (vicariously to employer); damages awarded as quantified; costs to be apportioned according to liability.
Legal Topics
Apportionment of Liability, Contributory Negligence, Admissibility of Recorded Statements, Damages, Costs
Source Language
english
Tort Negligence Vicarious Liability Motor Vehicle Law Insurance Apportionment of Liability Contributory Negligence Admissibility of Recorded Statements +2 more

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Parties

Lombard Insurance Company

Claimant

R. MacLean Forestry Limited

Claimant

Stock Transportation Ltd.

Defendant

Marsha Wyatt

Defendant

Ryder Truck Rental Canada Ltd.

Defendant

D.H.L. International Express Ltd.

Defendant

Kenneth Chisholm

Defendant

Procedural Posture

Small Claims Court Joined Claims / Decision on Liability and Costs (final)

Legal Issues

  1. 1 Whether any defendant in Claim No. 266320 was responsible for the accident and in what proportions
  2. 2 Admissibility and weight of the deceased driver Wyatt's recorded statement
  3. 3 Application of contributory negligence and vicarious liability principles for apportionment of fault

Ratio Decidendi

The Court found both drivers negligent: the Stock bus driver moved into the left passing lane when it was unsafe and bore majority responsibility, and the Ryder driver failed to adequately signal or avoid the collision despite slowing; liability was apportioned 90% to Stock (and vicariously to its employer) and 10% to the Ryder driver (and vicariously to his employer). Wyatt's recorded statement was admissible but given limited weight due to lack of cross-examination and leading questioning. Damages were awarded as particularized and costs were to be apportioned in line with liability.

Court Disposition

Liability apportioned: 90% to Stock Transportation Ltd./driver (vicariously to employer), 10% to Ryder Truck Rental Canada Ltd./driver (vicariously to employer); damages awarded as quantified; costs to be apportioned according to liability.

Orders

  • Liability apportioned 90% to Stock Transportation Ltd. and its driver and 10% to the driver of the Ryder vehicle and his employer
  • Awarded damages for vehicles as recorded: MacLean vehicle $20044.00 CAD, Ryder vehicle $3087.00 CAD, Stock vehicle $24768.70 CAD