Bruhn v. Leech and Williams, (1991) 1 B.C.A.C. 113 (CA)

• Judge: Macdonald, Gibbs and Hollinrake, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 07, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 1 B.C.A.C. 113 (CA)

Bruhn v. Leech (1991), 1 B.C.A.C. 113 (CA);

    1 W.A.C. 113

MLB headnote and full text

Hugh Bruhn (plaintiff/appellant) v. Deborah Leech and James Walter Williams (defendants/respondents)

(CA012430)

Indexed As: Bruhn v. Leech and Williams

British Columbia Court of Appeal

Macdonald, Gibbs and Hollinrake, JJ.A.

June 7, 1991.

Summary:

The plaintiff was injured while jump-starting a car. He sued the defendants for damages for personal injuries.

The British Columbia Supreme Court dismissed the action. The plaintiff appealed.

The British Columbia Court of Appeal dismissed the appeal.

Torts - Topic 43

Negligence - Standard of care - Motor vehicle operators - Jump-starting or boosting vehicles - W.'s car would not start - B. moved his truck in front of W.'s car to give W. a boost - B. moved in between the vehicles to adjust the cables and told W. to try his car - The car jumped ahead pinning B. between the vehicles - B. sued W. for damages for injuries - The trial judge held that W. was not negligent for failing to engage the brake while the vehicle was being boosted because there was no reason to foresee that the car would jump ahead, given the nature of its transmission - The British Columbia Court of Appeal affirmed the decision.

Torts - Topic 60

Negligence - Causation - Foreseeability - [See Torts - Topic 43 ].

Counsel:

M.H. Thomas, Q.C., and J.C. Moulton, for the appellant;

   P.A. Eccles, for the respondent.

This appeal was heard before Macdonald, Gibbs and Hollinrake, JJ.A., of the British Columbia Court of Appeal. The following decision of the court was delivered orally on June 7, 1991, by Macdonald, J.A.