16 Sep Thomas v. Thompson

             This action arises out of a rear‑end collision which occurred at the intersection of Highway 97 and McCurdy Road in Kelowna on June 27, 2005. A car being driven by the plaintiff was stopped at a traffic control on Highway 97 when he was struck from behind by a truck operated by Joshua Thompson. Liability has been admitted; Mr. Thompson gave in evidence that he had been momentarily distracted; the highway was slippery and he knew before impact that he would not be able to stop in time to avoid the impact. There was considerable damage to the front of the defendant’s older model pickup truck, and damage as well to the rear of the plaintiff’s car which was estimated to be approximately $2,500. Both vehicles were seemingly operable, although the plaintiff says he arranged for his car to be towed....