CASE LAW - Mullens v Toor
Anna Mullens was driving eastbound in the left lane of 64th Avenue in Surrey, B.C. As she neared 132 Street her vehicle was struck on the right side by a vehicle driven by Darshan Toor when he exited the Fruiticana parking lot. Mr. Toor explained that he was invited to exit the parking lot by the driver of a van that had stopped in the curb lane.
Mr. Toor admitted liability at trial but argued that Ms. Mullens was also partly to blame for failing to keep a proper lookout and not reacting to avoid a collision when he pulled into her lane.
Mr. Justice Verhoeven examines Section 176 of the Motor Vehicle Act which governs the exit from a parking lot and the case of Etter v Trent, a decision on the servient driver disregarding a statutory duty to yield right of way with a resulting collision.
Mr. Toor was not successful in shifting any of the blame for this collision.