Markaboui v Gardner

The case of Markaboui v Gardner involved a motor vehicle accident where the plaintiff, while crossing an intersection in her wheelchair, was struck by a four wheel drive vehicle. The plaintiff was crossing the road when the traffic signal was green for the driver, and a stationary vehicle in the left-hand lane had turned green. However, the four wheel drive in the right-hand turn lane obscured the driver's view of the plaintiff's wheelchair as it came out in front of the vehicle. The plaintiff had traversed the crossing when the "don't walk" sign was red, leading to the collision. The court was tasked with determining whether the danger of the accident was foreseeable and if reasonable care was exercised by the defendant in the circumstances.

The legal issues at hand involved the principles of foreseeability and reasonable care in the context of traffic accidents. The court needed to examine if the defendant could have reasonably foreseen the risk of the accident occurring and if the plaintiff's actions contributed to the foreseeability of the incident. Additionally, the court needed to determine whether the defendant exercised reasonable care in operating the vehicle, considering the visibility issues presented by the four wheel drive in the right-hand turn lane. The court had to assess if the plaintiff's actions in crossing the road when the "don't walk" sign was red constituted contributory negligence, and if so, how it would affect the outcome of the case.

The court found that the danger of the accident was foreseeable. Despite the stationary vehicle in the left-hand lane, the four wheel drive in the right-hand turn lane significantly obstructed the driver's view, making it difficult to foresee the plaintiff's wheelchair emerging in front of the vehicle. The court determined that the driver had not exercised reasonable care in this situation, given the visibility issues. While the plaintiff's actions did contribute to the foreseeability of the accident, the court ruled that the primary responsibility for the accident lay with the defendant, due to the failure to exercise reasonable care under the circumstances.

The court ordered the defendant to pay damages to the plaintiff for the injuries sustained in the accident. The amount of damages was determined based on the extent of the plaintiff's injuries and the impact on her quality of life. The court also considered the contributory negligence of the plaintiff but found that it did not absolve the defendant of their liability. The final orders included compensation for medical expenses, loss of income, and pain and suffering.