This case decides the liability for a collision involving a motorcycle and a pedestrian on Rutland Road near the intersection of Leathead Road in Kelowna. The pedestrian walked into traffic without looking and the view of the motorcycle rider was obstructed by a parked truck.
The Pedestrian
Shaun Walter was walking diagonally across Rutland Road approximately 100m North of Leathead Road in the area of a school parking lot. He chose to cross there rather than using the crosswalk at the nearby intersection. It was just after 3:00 pm on a school day.
The Motorcycle Rider
Leslie Plummer exited the school parking lot turning southbound on Rutland Road. The northbound lanes were empty because of a red traffic light at Leathead Road and she was allowed into the first southbound lane by traffic approaching the light.
She moved across Rutland Road in order to make a right turn at the intersection. Her view to the left was limited by a tractor-trailer to her left.
The Collision
Mr. Walter walked into Ms. Plummer's lane from in front of the tractor-trailer without looking for approaching traffic. Ms. Plummer braked and tried to steer around him but was not successful.
After striking Mr. Walter, she and her motorcycle fell onto the pavement, sliding and tumbling to a stop some distance down the road. The motorcycle came to rest on top of Ms. Plummer.
Mr. Walter was thrown to the northeast and landed against the curb.
Both Mr. Walter and Ms. Plummer were seriously hurt, and neither of them can recall the actual collision.
Decision on Liability
Justice Barrow apportioned blame 60% to Mr. Walter because he did not take reasonable care for his own safety. In turn, he found 40% against Ms. Plummer for failing to anticipate that this was an area frequented by pedestrians who jaywalked and required her to exercise an elevated degree of caution.
Appeal of the Judgment
The judgment was appealed and the three justices reviewing the case agreed with the Justice Barrow's decision. They denied Ms. Plummer's appeal.
Learn More
- Read the Reasons for Judgment - Walter v Plummer
- Read the Court of Appeal Judgment - Walter v Plummer
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