The deceased driver was killed in a single-car accident after losing control of his vehicle at a transition point between freshly paved asphalt and a foam surface treatment.
The trial judge apportioned liability 50% to the driver, 25% to the paving contractor, and 25% to the municipality.
On appeal, the Court of Appeal reversed the trial judge's decision, finding that the sole cause of the accident was the driver's reckless driving at excessive speeds, which absolved the appellants of liability under both statutory and common law duties of care.
