CASE LAW - DeHeer v Mamdooh

BC Courts Coat of ArmsThe case of DeHeer v Mamdooh involves a collision that took place at the intersection of Pinetree Way and Anson Avenue in Coquitlam. Anthony DeHeer was driving on Anson Avenue and turned right onto Pinetree Way, traveling in the direction of the Lougheed Highway. Pejman Mamdooh was driving southbound on Pinetree Way, also traveling in the direction of the Lougheed Highway. The two collided.

Subsequent to the initial collision, the Mamdooh vehicle struck the median barrier and overturned, sliding some distance along the road. The DeHeer vehicle collided with a pole. Each driver asserted that the other was at fault for causing the collision and Madam Justice Morellato presided over the trial to determine who was right.

Mr. DeHeer testified that he was facing a green light, saw Mr. Mamdooh's vehicle in the distance and made a right turn from Anson onto Pinetree using only the curb lanes.

Mr. Mamdooh testified that he was driving on Pinetree in the left hand lane. He was facing a green light when he passed through the intersection where he was struck by Mr. DeHeer.

Police evidence included scene photographs that showed tiremarks on the roadway from the DeHeer Vehicle that showed his path of travel "went a little bit" into the left lane.

Evidence also included testimony from independent witnesses.

The justice found that Mr. DeHeer failed to stop at the red light and made a wide right turn onto Pinetree Way. He was solely at fault for the collision.