Lindsay Kenney LLP recently won on the issue of fault / liability involving a left turn by our client (Kathuria v. Wildgrove).
Our client was proceeding northbound on 152nd Street in Surrey, BC intending to turn left and westbound into the Guildford Town Centre Mall. A southbound vehicle on 152nd Street entered the intersection on a late amber or red causing a collision.
On July 10, 2014, the Honourable Mr. Justice Williams delivered his reasons, including the award of damages of just over $400,000. In the case, Kathuria v. Wildgrove, 2014 BCSC 1274, he summarized the evidence and law as follows:
“Liability
[5] The evidence on this issue is the testimony of three witnesses: the plaintiff, the defendant Mr. Wildgrove and a third party who was present at the scene and witnessed the event. As well, there are photos of the scene and the vehicles. [6] The accident occurred shortly after 4:00 p.m. on July 21, 2009 at the intersection of 101 Avenue and 152 Street in Surrey. At that point, 152 Street is comprised of three lanes of travel southbound and three lanes northbound. For each direction, there are two through lanes and one left-turn lane. 101 Avenue at that location is four lanes wide. There is a through lane and a left-turn lane for both eastbound and westbound traffic… Read full case comment.
Perminder Tung
Partner – ICBC Car Accident & Personal Injury Law
Lindsay Kenney LLP – Langley law office