Darryl Schnarr

The plaintiff was severely injured in a head-on collision with a propane tanker on a snow-covered municipal road.

The plaintiffs sued the driver of the tanker and the municipalities responsible for winter road maintenance.

The court found that the road was in a state of non-repair that contributed to the accident, and the municipality failed to prove it took reasonable steps to maintain the road.

Liability was apportioned 50% to the municipal defendants, 33% to the tanker driver, and 17% to the plaintiff for contributory negligence.

This decision addresses two evidentiary motions brought at the commencement of the third trial in a motor vehicle accident case.

The defendant municipalities sought leave to call an additional expert witness despite non-compliance with a court-ordered deadline and to admit an excerpt from "The Driver's Handbook" as filed evidence.

The court granted leave for the expert to testify, balancing the need for court orders to have "teeth" against the interests of justice and the opposing party's ability to respond without undue delay.

However, the court dismissed the motion to admit the handbook excerpt directly, suggesting it could be introduced through expert testimony instead.