A similar situation arose in Comeau v. Siemens, 1996 CanLII 8514 (B.C.S.C.) [Comeau], where three women walked across a parking lot and one of them stopped to pick up a glove she had dropped. The plaintiff’s companions testified that the defendant entered the lot at a brisk pace and struck the plaintiff. The defendant said he saw the three women and so he came to a complete stop and waited for them to pass. He said he then proceeded but realized only two women had passed him, and that was when he struck the stooping plaintiff. The court said:
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