Anderson v. Malhi, 2015 SKPC 10
Judge | Demong, P.C.J. |
Court | Provincial Court of Saskatchewan (Canada) |
Case Date | January 19, 2015 |
Jurisdiction | Saskatchewan |
Citations | 2015 SKPC 10;(2015), 466 Sask.R. 154 (PC) |
Anderson v. Malhi (2015), 466 Sask.R. 154 (PC)
MLB headnote and full text
Temp. Cite: [2015] Sask.R. TBEd. JA.048
Philip Anderson v. Kulwinder Malhi
(456/14; 2015 SKPC 10)
Indexed As: Anderson v. Malhi
Saskatchewan Provincial Court
Civil Division
Demong, P.C.J.
January 19, 2015.
Summary:
The plaintiff sustained damage to his vehicle when he backed his vehicle into a car door that had been opened by the defendant. The plaintiff sued the defendant for negligence.
The Saskatchewan Provincial Court dismissed the action.
Torts - Topic 381
Negligence - Motor vehicle - Standard of care of driver - On backing or moving in reverse - The plaintiff pulled up to a pump at the gas station - Upon realizing that he had pulled up to the wrong pump, he backed his truck up to the correct pump - The truck hit the open door of the vehicle that was parked adjacent to the plaintiff's truck - The defendant had opened the door and slid into the passenger's seat at almost the same time that the plaintiff had backed up - The plaintiff sued the defendant for negligence - The Saskatchewan Provincial Court dismissed the action - A reasonably prudent driver should have seen the defendant as he walked alongside his car and considered what the defendant was about to do - The plaintiff either failed to check before backing up, or his attempt to check for persons beside or behind him was fleeting and insufficient - A reasonably prudent driver would have alerted those in his immediate vicinity of his intention to move his truck backward - The plaintiff's conduct was negligent and the sole cause of the accident.
Counsel:
Philip Anderson, for the plaintiff;
Kulwinder Malhi, for the defendant.
This matter was heard at Regina, Saskatchewan, before Demong, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on January 19, 2015.
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