The respondent was rendered a partial quadriplegic after diving off a groyne into shallow water at a public beach.
The trial judge apportioned liability 75% to the respondent and 25% to the appellant city for failing to post warning signs.
The city appealed, arguing the trial judge made a palpable and overriding error regarding the location of warning signs at another beach and erred in finding a duty to warn and causation.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusion that the city breached its duty of care as an occupier and that a warning sign would have deterred the respondent.
