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Appeal dismissed; municipality not liable for frostbite injuries after driver abandoned vehicle on dead-end road.
The appellants appealed the dismissal of their action for damages against the respondent municipality.
The appellant and a friend had driven down a dead-end rural road, got stuck on a hydro right-of-way, and abandoned their vehicle in extreme cold, resulting in severe frostbite injuries.
The appellants argued the municipality breached its standard of care by failing to post 'No Exit' and checkerboard signs.
The Court of Appeal upheld the trial judge's findings that the road conditions were not potentially dangerous to reasonable drivers and that the appellants would have ignored the signs regardless.
The appeal was dismissed.