Nelson v Sutera

In the matter of *Nelson v Sutera*, heard before Judge Burchardt, the dispute concerned a claim for damages arising from a motor vehicle accident. The plaintiff, Ms. Nelson, alleged that the defendant, Mr. Sutera, was negligent in his driving, causing the collision and her subsequent injuries. Mr. Sutera denied negligence and contended that Ms. Nelson was contributorily negligent.

The primary legal issue before the court was to determine whether Mr. Sutera had breached his duty of care to Ms. Nelson by driving in a manner that caused the accident. A secondary issue was whether Ms. Nelson had contributed to the accident through her own negligence, which would impact the quantum of damages recoverable.

Judge Burchardt found that Mr. Sutera had failed to keep a proper lookout and had driven at an excessive speed for the prevailing conditions, thereby breaching his duty of care. The court determined that Ms. Nelson had also failed to take reasonable care for her own safety by not ensuring she had adequate visibility before proceeding, and thus was contributorily negligent to a degree of 20%.

Consequently, the court ordered that judgment be entered for the plaintiff, Ms. Nelson, but that the damages awarded be reduced by 20% to reflect her contributory negligence.