Cooper et al. v. Crockford et al., (2007) 428 A.R. 382 (QB)

• Judge: Lee, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: June 04, 2007
• Citations: (2007), 428 A.R. 382 (QB);2007 ABQB 411

Cooper v. Crockford (2007), 428 A.R. 382 (QB)

MLB headnote and full text

Temp. Cite: [2007] A.R. TBEd. SE.045

Brian Todd Cooper and Her Majesty The Queen in Right of Alberta (plaintiffs) v. David James Crockford and the City of Edmonton (defendants)

(9903-19607; 2007 ABQB 411)

Indexed As: Cooper et al. v. Crockford et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Lee, J.

September 6, 2007.

Summary:

The intoxicated plaintiff pedestrian attempted to cross the street outside of a crosswalk. It was night and he was wearing dark clothing. The plaintiff  was struck by an ambulance that was responding to a call with its lights and siren operating. The plaintiff brought a negligence action for damages against the defendants (ambulance driver and city). The defendants submitted that the plaintiff was solely at fault.

The Alberta Court of Queen's Bench allowed the action, finding the defendant driver negligent and one-third at fault and the plaintiff negligent and two-thirds at fault.

Torts - Topic 354

Negligence - Motor vehicle - Pedestrians and bicyclists - Street or highway crossing - Intersection - The intoxicated plaintiff pedestrian attempted to cross the street outside of a crosswalk - It was night and he was wearing dark clothing - The plaintiff  was struck by an ambulance that was responding to a call with its lights and siren operating - The plaintiff brought a negligence action for damages against the defendants (ambulance driver and city) - The defendants submitted that the plaintiff was solely at fault - The Alberta Court of Queen's Bench allowed the action, finding the defendant driver negligent and one-third at fault and the plaintiff negligent and two-thirds at fault - Notwithstanding that the plaintiff was primarily responsible for the accident by jaywalking at a non-intersection without yielding the right of way to the ambulance, the defendant ambulance driver could have reasonably avoided the hazard prevented by the plaintiff - The driver had sufficient time to see what the plaintiff was doing and to avoid him.

Torts - Topic 361

Negligence - Motor vehicle - Pedestrians and bicyclists - Duty of pedestrians and bicyclists to take reasonable care - [See Torts - Topic 354 ].

Torts - Topic 362

Negligence - Motor vehicle - Pedestrians and bicyclists - Contributory negligence of - [See Torts - Topic 354 ].

Torts - Topic 398

Negligence - Motor vehicle - Standard of care of driver - Emergency or police vehicles - [See Torts - Topic 354 ].

Cases Noticed:

Simpson v. Baechler et al., [2007] B.C.T.C. Uned..B95; 2007 BCSC 347, dist. [para. 38].

McNamara v. Porteus et al., [2003] A.R. Uned. 285; 2003 ABQB 35, dist. [para. 39].

Barnes v. Smith et al. (2003), 327 A.R. 113; 296 W.A.C. 113; 2003 ABCA 120, dist. [para. 40].

Grant et al. v. Dempsey (2001), 190 N.S.R.(2d) 392; 594 A.P.R. 392; 2001 NSSC 20, dist. [para. 41].

Dubitski v. Barbieri (2004), 355 A.R. 81; 2004 ABQB 187, refd to. [para. 45].

H.C. v. Loo (2003), 403 A.R. 212; 2003 ABQB 52, refd to. [para. 46].

Bouchard Estate v. Chalifoux et al., [2004] A.R. Uned. 840; 2004 ABQB 877, refd to. [para.l 48].

Kornfeld v. Leong (2001), 292 A.R. 122; 2001 ABQB 800, refd to. [para. 50].

Yurchi et al. v. Johnston (2006), 394 A.R. 158 (Q.B.), refd to. [para. 51].

Ashe v. Werstiuk, [2003] B.C.T.C. 184 (S.C.), refd to. [para. 52].

Huculak v. Soprovitch, [2005] A.R. Uned. 117 (Q.B.), refd to. [para. 53].

Elsouky v. Edmonton (City), [1996] A.J. No. 1258 (Q.B.), refd to. [para. 54].

Counsel:

J.R. (Roy) Nickerson (Nickerson Roberts Holinski & Mercer), for the plaintiffs;

Darrell G. Lopushinsky (City of Edmonton, Law Branch), for the defendants.

This action was heard on June 4, 2007, before Lee, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on September 6, 2007.