CASE LAW - Little v Einarsen

BC Courts Coat of ArmsThis is definitely an odd case! It shows the value of doing regular vehicle maintenance and keeping the receipts to account for it.

Jason Little was walking across the parking lot of a pub in Nanaimo when he was hit from behind by an unoccupied vehicle owned by Lisa Einarsen. Ms. Einarsen had parked the car at the top of the parking lot, set the parking brake, thinks she left it locked and in first gear and went into the pub. Mr. Little sustained significant injury and at the time of the trial some 6 years later could not return to his work because of those injuries.

In order to succeed in his action against Ms. Einarsen, Mr. Little would have to show that they were caused by anything Ms. Einarsen did or failed to do or by any mechanical defect she could have detected with ordinary care, caution, or skill. Because she could show that she had an inspection done at a car dealership within the preceeding two months Mr. Justice N. Smith found that this was not the case and dismissed the action against her.

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