CASE LAW - Ferguson v Kennedy
This case concerns a collision that occurred on a gravel mountain road near Agassiz, BC. Solomon Kennedy had been passed by a pickup truck that raised a cloud of dust as it passed. Mr. Kennedy was travelling into the sun and was unable to see ahead due to the glare in the dust cloud. Connor Ferguson was travelling in the opposite direction as the pickup passed and saw that the Kennedy vehicle was partly on his side of the road. He sounded his horn and braked to a stop but was struck by the Kennedy vehicle.
The trial was held to determine the liability for the collision. Madam Justice Russell found that Mr. Kennedy was travelling faster than he should have been in the circumstances, that he failed to confine the path of his vehicle to the right hand side of the roadway and that Mr. Ferguson acted properly by moving as far to the right of the roadway as was possible prior to the collision. The liability for the collision rested completely with Mr. Kennedy.