REPAIR
No evidence that would lead county to know of problems at curve
Defendant operated loaded tractor trailer that tipped over and slid into oncoming traffic. Plaintiffs suffered injuries and losses. Plaintiff’s claims against defendants were settled. Defendants third partied the corporation of the county. Defendants claimed losses were caused or contributed by negligence of county in failing to keep highway in good state of repair. Claim was dismissed. County did nothing that contributed to accident. County may not have complied with parts of Manual of Uniform Traffic Control Devices, but failure to do so did not cause or contribute to accident. Defendant failed to show cause of accident. Cause of accident must have been result of shifting of truck’s load that was not properly secured. Cause was not defendant’s speed and was not nature of curve. Cause of accident was not lack of warning. There were sufficient signs to warn defendant of circumstances of curve. Defendant led no evidence that load was safe. Defendant’s guilty plea to offence under Highway Traffic Act (Ont.) was prima facie evidence that load was unsafe. County had system in place to monitor state of roads and signage in place. There was no evidence of disrepair and no evidence that would lead county to know of problems at curve. County was not in breach of duty.
Lancaster (Litigation Guardian of) v. Santos (Aug. 16, 2011, Ont. S.C.J., Lemon J., File No. 603/09; 510/09; 585/09) 206 A.C.W.S. (3d) 609 (65 pp.).
