Article content
The motorist who fatally struck a woman who drunkenly tried to wave down help after running out of gas is entitled to provincial coverage for his psychological trauma, Alberta’s top court says.
In a written ruling, a three-member Alberta Court of Appeal panel said Brodie Plante was entitled to unspecified damages under the Motor Vehicle Accident Claims Act for psychological trauma, including the post-traumatic stress disorder he suffered in a collision which killed a Morley woman.
Article content
The appeal judges, Anne Kirker, April Grosse and Kevin Feth, said Court of King’s Bench Justice Glen Poelman did not err when he found Verna Baptiste’s conduct in seeking assistance was connected to her use of her vehicle.
Baptiste, 53, was driving northbound on Hwy. 22, about two kilometres north of Hwy. 8, around 10 p.m. on Oct. 1, 2015, when her vehicle ran out of gas.
Plante, who was heading southbound in a pickup truck pulling a trailer, saw her van pulled onto the opposite shoulder with her hazard lights on and slowed down suspecting there may be pedestrian traffic in the area.
After passing the van he saw what appeared to be a person with a hand raised on his right side. He swerved to try to avoid a collision, but his right passenger mirror struck Baptiste, killing her.
In his ruling last June, Poelman noted the deceased’s blood/alcohol content was more than three times the legal limit.
Plante was sued by Baptiste’s estate and on the advice of lawyers for his insurer filed a claim against the deceased, who did not have liability insurance.
When her estate was noted in default, Plante turned to the Administrator of the Motor Vehicle Accident Claims Act for coverage, which argued Baptiste’s conduct didn’t arise from the use of her vehicle.
Article content
“The Administrator contends that the trial judge made errors … in finding that the accident resulted from the ordinary and well-known activities for which a motor vehicle is used or operated,” the appeal judges wrote.
The appellant also argued Poelman erred in finding “an unbroken chain of causation linked Ms. Baptiste’s conduct as a motorist to the injuries suffered by (Plante).”
But the appeal court said Poelman was right on both counts.
“As reasonably found by the trial judge, there was a clear chain of causation between Ms. Baptiste’s ordinary use of her vehicle to transport herself to the accident scene and her actions when she exited the vehicle,” they wrote.
Share this article in your social network
