Following a jury verdict awarding the plaintiffs $3.565 million for injuries sustained in a motor vehicle accident caused by an impaired driver, the court determined several post-trial legal issues.
The court denied the third-party bartender's request to amend his pleadings to add a limitation defence due to prejudice.
The court found the bartender was an independent contractor or volunteer, meaning the host was not vicariously liable for his negligence, but the host could seek contribution and indemnity under the Negligence Act.
The court also ruled that the plaintiffs could access their OPCF 44R underinsured motorist coverage without having sued the bartender, as his insurance was not 'available' to them within the meaning of the endorsement.
Finally, the court ordered the assignment of future statutory accident benefits to prevent double recovery.