CASE LAW - Huang v Wamboldt
The case of Huang v Wamboldt involves a collision between a driver and a pedestrian at the intersection of East 3rd Avenue and Cotton Drive in Vancouver. Lily Huang was walking westbound on the north side of East 3rd Avenue crossing Cotton Drive and Dwight Wamboldt was driving eastbound on East 3rd Avenue intending to turn left onto Cotton Drive.
At issue is whether Ms. Huang walked into the path of Mr. Wamboldt or that Mr. Wamboldt turned left when he should have yielded to Ms. Huang.
Madam Justice Warren's decision on liability rested on her observation that "Central to the positions of each party is the location of the defendants’ vehicle at the moment Ms. Huang stepped off the curb. As I will explain, this is the key fact on which the assessment of Ms. Huang’s conduct rests."
Justice Warren found that Mr. Wamboldt was 100% at fault for the collision as it was practical for him to stop at the time that Ms. Huang stepped into the crosswalk.