A Campbell River woman bore most of the blame for a mishap where she was run over by a trailer being towed by an SUV, a B.C. Supreme Court justice has ruled.
Deirdre Solberg sued the driver, Jonathan David Carriere, following the April 29, 2012, incident, which took place outside Quinsam Hall in Campbell River.
It’s unclear from the judgment what injuries Solberg suffered.
Neither Solberg nor her lawyer could be reached for comment on Tuesday.
Solberg had been volunteering at a charity event at the hall and Carriere was part of a musical group that provided entertainment, said Justice Robert Johnston in his decision, which was released Tuesday.
Solberg told the court she had numerous drinks that evening and had very little memory of what led to the accident, which occurred at about 2 a.m.
“She recalled, she thought, being given a glass of champagne when she arrived to begin her volunteering, then had perhaps four cans of a vodka cooler and some shots, she was not precise as to shots of what, over the evening, along with a beer a friend bought her,” Johnston said.
Carriere had nothing to drink.
A witness saw Solberg running alongside a moving vehicle that was towing a trailer in the parking lot.
“[The witness] saw Ms. Solberg go down, then saw the trailer go up and down, as if it had gone over a speed bump,” said Johnston.
“There are no speed bumps in the Quinsam Hall parking lot.”
Another musician saw Solberg before the accident lying across the back seat of the SUV over two other people.
The witness saw Solberg lying “across their laps, speaking inappropriately and that whenever one of the band members tried to get Ms. Solberg out of the vehicle, she became louder and more animated.”
She eventually got out of the vehicle and Carriere asked from the driver’s seat, “Can I go?”
He started driving slowly forward and one of the back-seat occupants yelled out the window to other people nearby.
Solberg reacted by coming toward the vehicle with her hands outstretched.
Johnston found Carriere was 40 per cent at fault because he knew Solberg was drunk and boisterous, yet he didn’t ensure she was clear of the vehicle as he drove away.
The judge found that Solberg likely slipped and fell after she deliberately moved toward the moving vehicle.
Solberg was found to be 60 per cent at fault.
The hearing did not address Solberg’s injuries or damages being sought.
