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on

28 — Friday, March 1, 1991 - North Shore News

- AUTOMOTIVES

Court denies driver’s
claim for damages

THIS WEEK, a look at another recent decision from the
B.C. Court of Appeal concerning damages arising from a

drinking/driving accident:

On Friday, July 18, 1986, Jean
Hebert, 20, and his 19-year-old
friend Vincent Hall attended a
house party near Gold River on
Vancouver Island. The party
broke up early the next morning
with both young men having put
away a few beer.

Hebert, driving a ‘‘souped-up’’
°68 Trans-Am, took to the back
roads with Hall along for the ride.
The two siopred around 3:00 in
the morning at a baseball field to
polish off another half dozen
brew that were in the caz’s trunk.
A short time later as they headed
up ‘‘Graveyard Road,”’ the keys
jiggled loose from the ignition,
which had been modified to per-
mit them to be removed without
shutting the engine down.

The car then stalled and when
they couldn’: find the keys, the
two attempted a rolling start, with
Hall asking to drive. They got the
cay started, but Hall lost control
and the vehicle plunged 30 feet in-
to a gravel pit.

Although neither was wearing a
safety belt, they managed to walk
home. Both were described as
“quite and equally drunk.” Hall
was later found to have sustained
injuries including one that im-
paired his powers of recollection.

Hall sued, claiming that as the
owner of the vehicle, Hebert was
negligent in delivering controi of it
to him when he was not in a fit
condition to drive. The trial judge
split the liability 75 per cent
against Hebert and 25 per cent to
Hail.

Ken

Hardie
INSURANCE
CORPORATIO!

AUTOTOPIC

Hebert appealed this decision,
maintaining that he had no duty
to protect Hall from his own
negligence.

A five-member panel of judges
reviewed the evidence and
delivered their judgment which
said in part, ‘The plaintiff (Hall)
engaged in the kind of conduct
which daily wreaks havoc upon
the streets and highways of the
nation and devastates the lives and
futures of innocent victims. He
had sought and teok control of a
potentiaily iethal weapon when he
was ‘quite...drunk.” He had sole
control of the vehicle when the
accident occurred....his defective
driving was the cause of the acci-
dent.

“Fair-minded, right-thinking
people would be outraged if the
court lent its assistance to this
drunk driver to recover damages
from his drunk passenger.”’

By allowing the appeal, the
judges effectively threw out Hall’s
claim for damages.

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On March 29 the North Shore News will be publishing a
Spring car care feature. We want to know what questions
you have about taking care of your car, getting it ready for
summer vacations and so on. A selection of the best
questions will be published with answers by industry experts. ou.
Two lucky question writers will win dinner for 2 (value $50
each) at the new Keg on Esplanade in North Vancouver.

You could win
dinner for 2 G

Send or bring us your name, phone number and
questions to:

TIVE VOICE OF NONTH AND WEST VANCOUVER

Car Care Queries

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Enos eer ~=North Vancouver, B.C. V7M 2H4