Case Law

Driving related decisions by the courts.

CASE LAW - DeHeer v Mamdooh

BC Courts Coat of ArmsThe case of DeHeer v Mamdooh involves a collision that took place at the intersection of Pinetree Way and Anson Avenue in Coquitlam. Anthony DeHeer was driving on Anson Avenue and turned right onto Pinetree Way, traveling in the direction of the Lougheed Highway. Pejman Mamdooh was driving southbound on Pinetree Way, also traveling in the direction of the Lougheed Highway. The two collided.

CASE LAW - Carrero v Park

BC Courts Coat of ArmsThe case of Carrero v Park takes place on North Road at the intersection with Rochester Street in Burnaby. Bobby Joe Carrero was riding his bicycle southbound on the sidewalk on the west side of North Road approaching the intersection. Na Young Park was driving southbound on North Road intending to make a right turn onto Rochester Street. Neither one saw the other as they approached the intersection.

CASE LAW - Hit & Run Duties

BC Courts Coat of ArmsThe case of Clark v ICBC involves an alleged single vehicle hit & run collision on Marble Lake Road between the Ashton Creek Store and the Cooke Creeke Campground. Christopher Clark was driving a Jeep Patriot eastbound from the store when he met a pickup that strayed over the yellow centre line of the highway into his lane.

CASE LAW - Bains v Watkins

BC Courts Coat of ArmsThe case of Bains v Watkins might be a classic He Said / She Said situation. The purpose of the trial was to decide who was on the wrong side of the road when a head on collision between vehicles driven by Janice Watkins and Surinder Bains occurred. The incident occurred on 84 Avenue near the 135A Street intersection in Surrey.

CASE LAW - R v Francisco

BC Courts Coat of ArmsThe case of R v Francisco involves a collision on June 7, 2019 in Burnaby that resulted in the death of a pedestrian, Louise Landreth. Roberto Francisco was driving a BMW sedan erratically over a period of about one hour and twenty minutes until a collision at high speed resulted in a loss of control and Ms. Landreth being struck and killed.

CASE LAW - Ding v Prevost

BC Courts Coat of ArmsOn August 28, 2014 a tour bus crash occurred on the Coquihalla Highway south of Merritt. 56 people were injured, 15 of them seriously. A civil action, Ding v Prevost, was taken against a number of parties involved in the tour that included Prevost, the manufacturer of the bus. Jie Ding and the other plaintiffs involved claim that their injuries were made worse by the lack of seatbelts on the bus.

CASE LAW - Doyle v Hubick

BC Courts Coat of ArmsThe case of Doyle v Hubick takes place on Highway 99 known as the Sea to Sky Highway, 32 km south of Pemberton. Sandra Doyle and Darcy Hubick were driving southbound toward Whistler. Ms. Doyle was overtaking Mr. Hubick and decided to pass somewhere in the first half of a two lane passing area by moving to the left lane. Their vehicles collided where the two lanes merged at the end of the passing area.

CASE LAW - Petes v Peterson

BC Courts Coat of ArmsThe case of Petes v Petersen illustrates the dangers of making a lane change at or near an intersection. The collision that gave rise to this occurred at the intersection of Marshall Road and Guilford Drive in Abbotsford. James Petersen was driving his Ford Fusion westbound on Marshall and Laszlo Petes was driving his Suzuki pickup southbound on Guilford, turning right onto Marshall.

CASE LAW - R v Munden

BC Courts Coat of ArmsJoseph Munden and Ephrahim Barnett used to be neighbours, did not care for each other and were not on good terms. May 8, 2019 found the two at the intersection of 4th Avenue North and Proctor Street in Williams Lake. Mr. Barnett was riding his bicycle southbound on 4th and Mr. Munden turned from eastbound on Proctor to northbound on 4th.