This personal injury lawsuit arose from a motor vehicle accident which occurred when a trailer swayed in the wind and broke off injuring the claimant. This was a successful application by the claimant pursuant to Rule 9 – 7 of the Supreme Court Civil Rules for judgment against the defendant on the issue of liability.
The court concluded that the presence of a cargo box at the rear of the trailer was probably a contributing cause of the trailer sway that led to the accident. The defendant said he was not negligent and there was no evidence that the hitch and braking systems for the trailer and towing vehicle were in any way inadequate. It was the defendant’s submission that it is equally reasonable to infer negligence or no negligence and the claimant loses since it is he who bears the legal burden on the issue:Michelle v. Doe, 2009 BCCA 225.
The judge did not agree finding that the defendant ought to have known that altering the trailer in the way he did would compromise the way in which the trailer operated and in particular, could cause trailer sway. The owner manual made express reference to this.
In finding the defendant completely at fault the judge found that the evidence established the defendant’s decision to affix a large box to the rear of the trailer and to load it with equipment made the trailer unsafe and the defendant ought reasonably to have known that.
Jacqueline Small is diligent, professional, and compassionate. She went above and beyond when I was injured in a motor vehicle accident. Anytime I had questions she would respond quickly and always seemed to be one step ahead. I called several accident law firms and none were as knowledgeable and sincere as Jacqueline. Highly recommended!
I would totally recommend this law group. Renn handled my case with the utmost professionalism kept me informed throughout and explained in easy to understand layman's terms. I am very happy with how things worked out. I would highly recommend if you ever need a lawyer to contact him. Great job and a big thank you to all.
Over a period of 4 years Jacqueline Small guided me throughout the entirety of my personal injury claim after a motor vehicle accident left me with chronic pain. My experience was pleasant, professional, thorough, and communication was always open. I was treated with care like a person and not just a case. Jacqueline was with me every step of the way until we reached a settlement with the insurance company. 10/10 I would recommend to any friends or family.