Greer et al v. Kurtz et al - Appeal Decision

“The trial judge simply held that Mr. Kurtz should have slowed his vehicle more than he did and that his failure to do so meant that the speed of impact was greater than it otherwise would have been.” [para.10]

“Finally, the trial judge’s impugned negligence finding is not related to avoidance of the accident.  As we have said, it is directed to Mr. Kurtz’s failure to slow his vehicle adequately, the result of which was to make the force of the collision greater than it otherwise would have been.  This is negligence.” [para.11]

 

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