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The court dismissed a subrogated claim for property damage after a crop sprayer fell off a private bridge, finding the accident was caused by unforeseeable driver error.
The court dismissed T.C.O. Agromart Ltd.'s claim against Sutton Farms (Nacona) Ltd. for damages arising from the collapse of a private farm bridge under the weight of a crop sprayer.
The court found that the accident was caused by the driver inadvertently steering the sprayer onto an unsupported overhang, not by any breach of the duty of care by Sutton Farms.
The bridge had been used safely for decades by experienced operators, and the risk of such an accident was not reasonably foreseeable.
The court also provided a detailed analysis of damages, but found no liability.
Summary judgment was granted dismissing the action against a driver who had the right of way in an intersection collision.
The defendant Amy L. Patterson moved for summary judgment to dismiss the action and cross-claim against her following a motor vehicle accident.
The plaintiff took no position.
The court granted leave for the motion, finding no genuine issue requiring a trial regarding Ms. Patterson's liability.
The evidence indicated that Ms. Patterson, who had the right of way, could not have avoided the collision, which occurred too quickly.
The motion was granted, dismissing the action and cross-claim against Ms. Patterson, and costs were awarded to her.
