Court dismisses claim of passenger in single-vehicle crash saying "no one can be held at fault" for accident

Personal Injury Blog

In reasons for judgment released December 22, 2016, the court in Gaebel v. Lipka, 2016 BCSC 2391, dismissed the plaintiff’s claim in circumstances where the plaintiff was a passenger in a single vehicle accident.  In Gaebel, the defendant lost control of his vehicle on a gravel road, causing it to travel up an embankment, launch into the air, and roll several times before coming to a stop.  Nevertheless, Madam Justice Sharma found the defendant driver was not negligent, saying:

[38]         In my view this situation was a true accident where no one can be held at fault for the vehicle rolling over. I am not satisfied on a balance of probabilities that Mr. Lipka’s speed was unsafe for the road conditions on that day. I find Mr. Lipka met the standard of care, and accordingly there was no negligence. He is not liable for any damages.

The full text of the decision can be found here: http://www.courts.gov.bc.ca/jdb-txt/sc/16/23/2016BCSC2391.htm

 

McQuarrie