CASE LAW - Burgess v Fisher

BC Courts Coat of ArmsChelsea Fisher was driving westbound on 43 Avenue just past 32 Street in Vernon. She was approaching the intersection where traffic for the mall entered onto 43 Avenue in a T intersection to her right. Robert Karol had stopped at the stop sign to exit the mall parking lot and intended to turn left onto 43 Avenue. He proceeded from the stop sign, did not yield to Ms. Fisher and a collision resulted.

Mr. Justice Barrow examines both the drivers duties when using this intersection and the role that speed might play in it as Mr. Karol alleged that Ms. Fisher was driving too fast for the traffic conditions that day.

He found that Ms. Fisher was driving at a speed that was too fast for the traffic conditions and above the posted speed limit. While this could play a part in liability, in this case it did not because she was so close to the intersection that the collision would still have occurred if she had been following the speed limit.


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