CASE LAW - Hmaied v Wilkinson
Fifteen year old Wiael Hmaied was crossing diagonally across Clarke Road in Port Moody near the Barnett Highway. He was walking against the red light displayed at the nearby intersection, not using a crosswalk, when he dropped his cell phone. He stopped and turned without looking to pick up the cell phone and was struck by a truck driven by Brian Wilkinson.
Mr. Wilkinson had approached at a speed slightly over the speed limit and did not take any action when Hmaied stepped into the roadway. A driver following behind Wilkinson anticipated possible problems and began to slow. He watched as Wilkinson finally did act and brake heavily just before striking Hmaied.
At issue is the liability for the collision and the judgment contains a discussion of the duties of both pedestrians and drivers as they interact with each other in traffic.