However, the incentives
driving plaintiffs and defendants in these motions are drastically different, and this must be considered by the courts deciding costs.
Not exact matches
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, dismissing a
defendant application requesting the production of a
Plaintiff's Facebook postings, Twitter postings, Computer Hard
Drive and Iphone.
Plaintiff, a motorcyclist, was injured when the
Defendant, who was
driving a large SUV, suddenly
and without warning, made an abrupt left hand turn directly in front of him.
The
plaintiff was
driving a Nissan 2002 Sentra GXE 4 - door sedan
and the
defendant was
driving a Honda 2005 Element 4 - door wagon.
The
defendant argued that the
plaintiff was lane - splitting, following too closely
and not
driving at a speed that was reasonable.
The
plaintiff sued the
defendant for negligent
driving, but she also sued the city, county,
and Department of Transportation for negligence in connection with the signals.
Counsel for the
Plaintiff argued that the trial Justice's ruling that the
Defendant did not
drive onto the shoulder of the road was a palpable
and overriding error.
The court agreed with the district court's grant of summary judgment to the
defendant in the case, which involved a
plaintiff who was injured when a crane he had leased from the
defendant allegedly malfunctioned
and drove itself over his foot
and leg.
The
plaintiff's mother had purchased a car from the
defendant in 1989,
and within two years of buying the car, she began to notice a strong smell of gasoline while
driving.
The
plaintiff argued that the
defendant was
driving negligently by speeding
and not paying attention while the
defendant argued that the
plaintiff was negligent
and claimed that he was tailgating the car when the accident happened.
The
plaintiff was
driving to work when the
defendant's vehicle inexplicably crossed over the center median
and collided with the
plaintiff's vehicle head - on.
The parties agreed that on October 14, 2008, the
defendant drove into the rear of the
plaintiff's motor vehicle, which was momentarily stopped
and being
driven by the
plaintiff.
During the trial, the
plaintiff presented evidence of the
defendant's
driving history, which contained two prior instances in which the
defendant was cited for
driving while under the influence of alcohol in 1996
and 1983.