CASE LAW - Scott v Erickson
In this case, Mr. Erickson had parked his truck on the wrong side of the road at night, leaving his headlights on high beam while he collected his mail from the community mailboxes there.
Ms. Scott approached and was unable to see properly because of the headlights. Thinking that she needed to remain to the right of the vehicle, she drove off the road, down an embankment and was injured.
The collision was re-enacted and presented to the court by an engineer whose specialty was reconstructing vehicle collisions.
Although the Motor Vehicle Act was discussed in the case, the judge clearly felt that Mr. Erickson breached his common law duty of care for other road users.
The balance of the case quantified Ms. Scott's losses due to the collision and imposed a $193,240.00 judgement against him.