Scott v. Grimshaw Trucking, (1981) 32 A.R. 133 (NWTSC)

JudgeTallis, J.
CourtSupreme Court of Northwest Territories (Canada)
Case DateJanuary 15, 1981
JurisdictionNorthwest Territories
Citations(1981), 32 A.R. 133 (NWTSC)

Scott v. Grimshaw Trucking (1981), 32 A.R. 133 (NWTSC)

MLB headnote and full text

Scott v. Grimshaw Trucking & Distributing Ltd. and Fortin; Grimshaw Trucking & Distributing Ltd. v. Moger and Scott

(No. 5079)

Indexed As: Scott v. Grimshaw Trucking & Distributing Ltd. and Fortin

Northwest Territories Supreme Court

Tallis, J.

January 15, 1981.

Summary:

The plaintiff claimed damages to his tow truck after it was struck during a salvage operation by the defendant's tractor-trailer. The defendant counterclaimed for damages to his vehicle.

The Northwest Territories Supreme Court found the plaintiff 75% at fault, when he failed to provide adequate warning to oncoming traffic. The defendant was 25% at fault for failing to reduce speed approaching an icy slope.

Torts - Topic 505

Negligence - Motor vehicles - Parking or stopping - Marking or warning of stopped vehicle - The Northwest Territories Supreme Court found the owner and operator of a tow truck 75% at fault for failing to provide adequate warning to oncoming traffic after it was struck by a vehicle during a salvage operation - See paragraphs 28 to 30.

Torts - Topic 463

Negligence - Motor vehicle - Speed - Where reduced speed required - Poor or obstructed visibility - The Northwest Territories Supreme Court found the driver of a tractor- trailer 25% at fault for failing to reduce speed as he approached an icy slope and striking a tow truck parked on the highway - See paragraphs 29 to 30.

Statutes Noticed:

Vehicles Ordinance, R.O.N.W.T. 1974, c. V-2, sect. 154(2) [para. 25]; sect. 178 [paras. 26, 27].

Counsel:

G. Land, for the plaintiff;

D.W. Hagg, for the defendant.

This case was heard before TALLIS, J., of the Northwest Territories Supreme Court who delivered the following judgment on January 15, 1981.

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