CASE LAW - Sharp v Paterson

David Sharp and Jason Butter were walking on Harriet Road in Victoria. At about 6:00 pm on that December evening it was fully dark and there was no street lighting present. They crossed the street at an angle in the intersection with Battleford Avenue because Mr. Sharp did not feel safe walking on the side without a sidewalk.

As they neared the far side, Jake Paterson was driving eastbound on Battleford and did not see the two pedestrians. He struck them both and injuries resulted.

Mr. Sharp sued Mr. Paterson taking the position that Mr. Paterson was completely at fault for the collision. 

Madam Justice Murray did not agree and found Mr. Sharp failed to establish that Mr. Paterson had a reasonable opportunity to avoid hitting him. She found that Mr. Sharp was wholly at fault for this accident. By choosing to cross the street in the middle of a 90-degree turn, in a dark area, wearing dark clothes, Mr. Sharp put himself in danger.

Given all of the evidence, she found that Mr. Paterson could not reasonably have seen Mr. Sharp and his friend in time to avoid striking them.