Case Summary: Heuring v Smith

LIABILITY ISSUES

The Court assessed liability between a Plaintiff (cyclist) who failed to stop at a stop sign and the driver of a vehicle who did not clearly see the cyclist as a result of a "blind spot" created by a pillar in his vehicle and declined to award damages for injuries related to previous conditions for a crumbling skull plaintiff. Heuring v. Smith, 2018 BCSC 233

FACTS AND ISSUES:

An action was commenced by Heuring for damages arising from injuries as a result of a motor vehicle accident that happened while he was cycling in October 2011.

Heuring argued that he had stopped approximately 10 feet back from the stop sign or stop line before entering the intersection, and that he had ridden his bicycle through the crosswalk without dismounting.

The Defendant motorist Smith denied liability. Alternatively, Smith argued that Heuring should be held 75% at fault for the accident. Smith submitted that Heuring had not followed traffic rules including disobeying a stop sign, illegally riding across an intersection and veering into the crosswalk where Smith's vehicle came into contact with Heuring. Smith argued that he was proceeding slowly and carefully through the intersection, but had not seen Heuring because of a pillar "blind spot" in his vehicle to observe. Heuring submitted liability should be apportioned in the range of 5 - 15% against him.

Heuring claimed for non-pecuniary damages, past income loss, reimbursement for lost sick benefits, loss of income earning capacity (past and future), cost of future care, and special damages.

Heuring, 59 at the time of the accident, was employed as a steamfitter in a hospital and also took separate union jobs. Heuring returned to work full-time in February 2012, but had some residual limitations and was unable to take an available union job.

He testified he had intended to retire from the hospital in the summer of 2012 to focus solely on union work, but that changed after the accident. Heuring argued that prior to the accident he did not suffer from any ongoing physical complaints, but afterwards had pain in his low back, hips and right knee. He claimed his ability to partake in recreational activities and household chores was limited.

HELD: Liability as 40% to the plaintiff Heuring and 60% against the defendant Smith. The total award was $112,244, to be reduced by 40% to $67,346.

Apportionment of Liability

The concept of contributory negligence was found to have been properly described in John...