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Kuipers v Gordon Riley Transport, 1 C.C.L.T. 233 (1976) was a Canadian personal injury case involving negligence, standard of care, causation, and hindsight.

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rdfs:label
  • Kuipers v Gordon Riley Transport (en)
rdfs:comment
  • Kuipers v Gordon Riley Transport, 1 C.C.L.T. 233 (1976) was a Canadian personal injury case involving negligence, standard of care, causation, and hindsight. (en)
name
  • Kuipers v Gordon Riley Transport (en)
foaf:depiction
  • http://commons.wikimedia.org/wiki/Special:FilePath/Gordon_Riley_Transport_truck.jpg
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author
  • Jason W. Neyers (en)
  • Samuel Sereth Lieberman (en)
court
  • Alberta Supreme Court, Trial Division in Edmonton (en)
full name
  • Gerhardus Kuipers et al. v Gordon Riley Transport Ltd. 1967 (en)
italic title
  • yes (en)
judges
source
  • p. 10 (en)
  • Divergence in Private Law, p. 89 - (en)
  • p. 1 (en)
text
  • This reasoning it seems to me is a glaring example of reasoning by hindsight, the danger of which I already mentioned, and is unacceptable. I repeat, that even if the Kuipers vehicle had been proceeding at a slow rate of speed it would have still been struck by the Riley unit [driven by Smith]. The presence of other vehicles stationary on the highway in no way contributed to the final collision, the sole and effective cause of which I find was Smith’s negligence. (en)
  • The driving conduct of the plaintiff Gerhardus Kuipers, and indeed of all the drivers involved in these collisions, must be considered in light of the general rule that the standard of care to be exercised by a driver of a motor vehicle in a particular set of circumstances is that which would be exercised by a reasonable and prudent driver in that set of circumstances. (en)
  • While at one time [Canadian] courts followed the traditional English position that accidents on or near the public highways could alternatively be pleaded in either negligence or public nuisance, after 1960 claims in public nuisance for personal injuries caused on the highway became less frequent as negligence came to be the dominant cause of action. In Alberta this trend was accelerated by the decision of the Alberta Court of Appeal in Abbott v Kasza. (en)
title
  • Kuipers v Gordon Riley Transport (en)
  • Divergence and Convergence in the Tort of Public Nuisance (en)
verdict
  • Defendant to pay $124,077.09 CAD in damages (en)
has abstract
  • Kuipers v Gordon Riley Transport, 1 C.C.L.T. 233 (1976) was a Canadian personal injury case involving negligence, standard of care, causation, and hindsight. (en)
date decided
number of judges
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