Byrne v. Coombs, (2015) 363 Nfld. & P.E.I.R. 153 (NLTD(G))

• Judge: Stack, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: January 23, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 363 Nfld. & P.E.I.R. 153 (NLTD(G))

Byrne v. Coombs (2015), 363 Nfld. & P.E.I.R. 153 (NLTD(G));

    1129 A.P.R. 153

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. FE.008

John Byrne (plaintiff) v. Sandra Coombs (defendant)

(1998011431; 2015 NLTD(G) 6)

Indexed As: Byrne v. Coombs

Newfoundland and Labrador Supreme Court

Trial Division (General)

Stack, J.

January 29, 2015.

Summary:

Byrne sued for damages suffered as a result of a motor vehicle collision with Coombs. At issue was liability.

The Newfoundland and Labrador Supreme Court, Trial Division (General), apportioned liability 80% to Coombs and 20% to Byrne.

Torts- Topic 395

Negligence - Motor vehicle - Standard of care of driver - Duty to pay attention - Byrne was driving on a street intending on turning into an entrance 30 feet beyond the entrance to Romar Enterprises - Coombs was exiting the Romar Enterprises entrance - She edged out onto the street, blocking the sidewalk for pedestrians - She saw Byrne coming and waited for him to pass so that she could follow him - As Byrne was passing, rather than waiting for the lane to clear, she proceeded with her turn to the left - Byrne commenced a swooping, gradual left turn - As he turned, he activated his turn signal - The right side of Coombs' bumper struck the left rear side of Byrne's car - The Newfoundland and Labrador Supreme Court, Trial Division (General), stated that Byrne failed to drive with due care and attention and with reasonable consideration for other persons by failing to provide a timely warning of his turn and by cutting the turn so as to place his vehicle in the opposing lane sooner than it would have been had the turn been more safely executed - However, Coombs' negligence was the principal cause of the accident - She too failed to drive with due care and attention and with reasonable consideration for other persons - Specifically, she failed to yield the right-of-way and, by choosing to proceed so closely behind Byrne, failed to proceed with caution - But for her failure to wait for Byrne to pass before entering the street, the collision would have been avoided - The court apportioned fault 80% to Coombs and 20% to Byrne - See paragraphs 24 to 26.

Torts - Topic 411

Negligence - Motor vehicle - Rules of the road - Making turns - Left turns - [See Torts - Topic 395 ].

Torts - Topic 416

Negligence - Motor vehicle - Rules of the road - Right of way - Crossing, entering or exiting through street or highway - [See Torts - Topic 395 ].

Torts - Topic 416

Negligence - Motor vehicle - Rules of the road - Right of way - Crossing, entering or exiting through street or highway - Byrne was driving on a street intending on turning into an entrance 30 feet beyond the entrance to Romar Enterprises - Coombs was exiting the Romar Enterprises entrance - She edged out onto the street, blocking the sidewalk for pedestrians - She saw Byrne coming and waited for him to pass so that she could follow him - As Byrne was passing, rather than waiting for the lane to clear, she proceeded with her turn to the left - The right side of Coombs' bumper struck the left rear side of Byrne's car - Section 120 of the Highway Traffic Act required Coombs to yield the right-of-way to traffic approaching on the street before proceeding with caution - The Newfoundland and Labrador Supreme Court, Trial Division (General), stated that "Although normally the civil burden of proof would lie with the Plaintiff, the Defendant here, Coombs, bears the onus of satisfying the Court that she met the two requirements of s. 120 ... This shift in burden is because Coombs was turning left from the parking lot into the flow of traffic. Byrne, although he was also turning left, does not bear the specific s. 120 two-part duty borne by Coombs, but he, too, had an obligation to ensure that he could make his turn safely ... " - See paragraph 21.

Torts - Topic 418

Negligence - Motor vehicle - Rules of the road - Right of way - Duty to yield - [See Torts - Topic 395 ].

Torts - Topic 542

Negligence - Motor vehicle - Signals and warnings - Direction signal - General - [See Torts - Topic 395 ].

Torts - Topic 549

Negligence - Motor vehicle - Evidence and burden of proof - General - [See second Torts - Topic 416 ].

Cases Noticed:

Evely et al. v. Noftall et al. (2011), 316 Nfld. & P.E.I.R. 121; 982 A.P.R. 121; 2011 NLTD(G) 164, affd. (2014), 353 Nfld. & P.E.I.R. 346; 1099 A.P.R. 346; 2014 NLCA 30, refd to. [para. 21].

Peddle v. Moss (1995), 53 A.C.W.S.(3d) 911 (N.L.T.D.), refd to. [para. 21].

Hickey v. Holloway, 2006 NLTD 29, refd to. [para. 22].

Carter v. Boardman (1995), 162 N.B.R.(2d) 270; 415 A.P.R. 270 (T.D.), refd to. [para. 24].

Pond v. Lethbridge (2005), 246 Nfld. & P.E.I.R. 189; 731 A.P.R. 189; 2005 NLTD 60, refd to. [para. 25].

Statutes Noticed:

Highway Traffic Act, R.S.N.L. 1990, c. H-3, sect. 20 [para. 18].

Counsel:

John F.E. Drover and Amanda M. MacDougall, for the plaintiff;

Terry G. Rowe, Q.C., for the defendant.

This action was heard at St. John's, N.L., on January 23, 2015, by Stack, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following judgment on January 29, 2015.