Plaintiff
Defendant
Facts: The case involved a tour bus crash on the Coquihalla Highway on August 28, 2014, with 55 passengers on board, who each filed individual actions. The crash was attributed to the driver, Mr. Spittal, whose momentary lapse in attention caused the accident. Allegations were made against various parties, including the bus manufacturer Prévost, the tour organizers, and the bus line for issues such as negligence in operation, lack of seatbelts, and failure to warn passengers of potential risks.
Issue: The main legal question was whether the defendants, other than the driver and his employer who admitted liability, were also responsible due to alleged negligence in ensuring passenger safety and the suitability and condition of the bus.
Court's Ruling: The court dismissed the action against all defendants except for Western Bus and Mr. Spittal, who had already admitted liability. The court found that the other defendants were not negligent as claimed, and that the plaintiffs failed to prove their allegations regarding the lack of seatbelts and the condition of the bus contributed to the injuries sustained.
Costs/Damages Awarded: Western Bus and Mr. Spittal were held liable. However, the court decided that each party would bear their own costs for the trial, and did not award any costs or damages against the other defendants. The plaintiffs were entitled to their costs up to the start of the trial against Western and Mr. Spittal.
Court
Supreme Court of British ColumbiaCase Number
M166513; M166164Practice Area
Tort lawAmount
Winner
PlaintiffTrial Start Date
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