In a motor vehicle accident where a bee flew into the vehicle, landed on the driver's stomach and he froze, can the driver be found to have been negligent?
British Columbia, Canada
The following excerpt is from Pitts Enterprises Ltd. v. Farkes et al, 2004 BCSC 1493 (CanLII):
Sinclair v. Nyehold, [1972] 5 W.W.R. BCCA. This case really is not applicable in our circumstance as a bee flew into the vehicle, landed on the driver’s stomach and he froze. The court found that he did not exercise reasonable skill and care or reasonable self possession when he froze and that’s what caused the accident. That was negligent.
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