The plaintiff appealed a jury verdict arising from a motor vehicle accident where his motorcycle collided with the defendant's left-turning truck while the plaintiff was attempting to pass.
The jury apportioned liability 85% to the plaintiff and 15% to the defendant, and assessed total damages at $206,958.46, resulting in a net award of $16,500.
On appeal, the plaintiff argued the apportionment of liability and assessment of damages were unreasonable and that the jury relied on inadmissible lay opinion evidence.
The Divisional Court dismissed the appeal, finding the trial judge's instructions were adequate, the lay witness was properly confined to fact evidence, and the jury's verdict on both liability and damages was supported by the evidence and not plainly unreasonable or unjust.
