CASE LAW - Walter v Plummer
Leslie Plummer was riding her motorcycle on Rutland Road in the vicinity of an intersection near two schools in Kelowna, B.C. Shaun Walter was walking diagonally across Rutland Road passing the front of a large truck which obscured him from Ms. Plummer's sight. Without looking, Mr. Walter walked into the path of Ms. Plummer's motorcycle and was struck. Both were seriously injured in the mishap.
The BC Supreme Court apportioned blame 60% to Mr. Walter because he did not take reasonable care for his own safety. In turn, it found 40% against Ms. Plummer for failing to anticipate that this was an area frequented by pedestrians who jaywalked and required her to exercise an elevated degree of caution.
The judgment was appealed to the Court of Appeal for British Columbia. The three justices reviewing the case agreed with the Supreme Court and denied Ms. Plummer's appeal.