Supreme Court

Abstract: Claim by Plaintiff and Counterclaim by Defendant in negligence for damage to vehicles after collision - Plaintiff engaged in salvage operation by the side of the road on Highway No. 3 - Plaintiff placed tow truck in the road jutting into on-coming traffic in northbound lane - Defendant operating a tractorBtrailer and traveling north on Highway No. 3 - Defendant did not see flare set by Plaintiff - Came upon accident after reaching crest of hill - Failed to stop in time and collided with Plaintiff=s tow truck - No one hurt in collision - Road conditions acknowledged as slippery - Court found both parties liable to differing degrees.
Decision: Liability apportioned 75% against Plaintiff, 25% against Defendant - Plaintiff created a hazardous situation by placing tow truck in lane of on-coming traffic - Lighting on the tow truck and flares placed near the scene of the accident were inadequate - Plaintiff did not meet onus in section 178 of the Vehicles Ordinance which requires a person who creates a hazardous situation to show that an accident was not the result of the hazardous situation created - Defendant contributorily negligent in failing to reduce speed on hills while aware of both bad road conditions and necessity of sufficient room to stop - Costs and set-off granted to the parties in accordance with damages awarded.
Subjects: Motor vehicles - Liability in particular cases