CASE LAW - Tataryn v Browne

BC Courts Coat of ArmsThe incident that gave rise to this case occurred on November 17, 2006 at Kamloops and the court proceedings determining liability ended last week. Adrianna Browne was driving a pickup truck carrying temporary farm workers from a Knutsford farm to the New Life Mission downtown. The trip ended on Long Lake Road when the truck went down an embankment, rolling several times. The 14 occupants in the truck took action against Adrianna and her mother, the owner of the truck, for injuries received in the collision.

In this case Madam Justice Hyslop found Adrianna negligent by driving the truck recklessly and at a rate of speed which was excessive given the nature of Long Lake Road. Her mother was found vicariously liable via section 86 of the Motor Vehicle Act. The injured occupants were found not to be contributorily negligent because they were not wearing a seatbelt given that they faced a 15 kilometer walk home in the cold and dark that they were not dressed properly for if they did not accept the ride.

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Comments

Wow

Don't know how anyone could ever even put 1 person in the box of a pickup truck and drive down the road and think that is acceptable let alone a bunch of people. This was a new driver who had worked from 5 AM until late into the evening. So Sad, regardless of fault it's done and it can never be undone. Hope drivers will never do that again.  

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