The plaintiff was severely injured in a single-vehicle rollover accident on a rural gravel road.
She sued the municipality, alleging the accident was caused by the road's poor state of repair, specifically the presence of potholes and loose gravel.
The Superior Court of Justice dismissed the action, finding that the road was in a reasonable state of repair for a rural gravel road and that the potholes did not constitute a state of disrepair.
Furthermore, the court concluded that the accident was caused entirely by the plaintiff's own negligence, including driving at an excessive speed and overcorrecting after encountering an oncoming vehicle.
The court also found that the plaintiff was not wearing her seatbelt, which would have resulted in a 25% reduction in damages for contributory negligence had the municipality been found liable.
