SCHNEIDER NATIONAL - and - ROBERT LLOYD FOWLER,
CARRIERS LIMITED, a body KIM FOWLER and CENTRAL
corporate, and MICHAEL MAGOON EQUIPMENT LIMITED, a body
corporate
(Appellants) (Respondents)
ROBERT LLOYD FOWLER and - and - SCHNEIDER NATIONAL
KIM FOWLER CARRIERS LIMITED, a body
corporate, and MICHAEL MAGOON
(Appellants) (Respondents)
CA162820 & 164324 Halifax, N.S. Freeman, J.A.
[Cite as: Fowler v. Schneider National Carriers Ltd., 2001 NSCA 55]
APPEAL HEARD: January 11, 2001
JUDGMENT DELIVERED: April 3, 2001
SUBJECT: Contributory Negligence; Seat Belts; Apportionment
SUMMARY: Appellant was permanently disabled when his loaded tractor-trailer struck a similar rig which had jack-knifed, blocking the highway. A jury found him contributorily negligent for not wearing a seat belt and assessed his fault for his own damages at 42.5 per cent. He appealed the assessment.
ISSUE: What was the appellant’s degree of fault for not wearing a seat belt?
RESULT: The appeal of appellants was allowed. An assessment of 42.5 per cent of the fault is excessive for a driver who did not cause the accident and whose only negligence was with respect to his own safety. Applying Froom v. Butcher, [1975] 3 All E.R. 520 his fault was assessed at 15 per cent. Appeal of respondents was dismissed without costs.