The appellants appealed a jury verdict apportioning liability for a motor vehicle accident involving a child on a rock slide, and the trial judge's award of a $25,500 costs premium to the plaintiffs.
The Court of Appeal upheld the jury's finding that the driver was only 10% responsible, noting the high threshold for interfering with a jury's apportionment.
The court also upheld the costs premium but allowed an amendment to reduce the judgment by $10,921.44 based on recent case law.