23 Nov Brook v. Tod Estate

             THE COURT: On July 2, 2008, at about 8:30 in the morning, a collision occurred on the Trans-Canada Highway at a location known as Kault Hill near Salmon Arm between a Toyota Camry driven by James Francis Tod and a Dodge pickup truck driven by Colin James Brook. Mr. Tod was killed in the collision. The plaintiff was a passenger in the Dodge pickup driven by her husband. In response to a notice to admit delivered by the plaintiff to the defendant, Mona Ruth Tod, as executor of the estate of the late Mr. Tod and to the defendant, Kora Goodrick, both those defendants admit that the accident occurred as a result of one or both of their negligence and that they are, in the language of the notice to admit, individually or jointly and severally 100 percent liable for the injuries and loss suffered by the plaintiff as a result of the accident. By consent, the action has been dismissed against Mr. Brook and he has been removed from the style of cause. The trial of liability as between the remaining defendants was severed from the damage claim with that assessment to be addressed at a later date. The hearing this week has been conducted for the purpose of determining the respective degrees of fault of the defendants....