The defendant relies upon the decisions of Burnyeat J. in Richards v. Parker, 2003 BCSC 758 where the defendant entered a through street from a parking lot in an attempt to make a left turn across single westbound traffic in order to travel in an easterly direction. There was a double solid yellow line dividing the two opposing lanes of traffic along most of the through street but there was a gap in the double line near the parking lot exit to permit drivers to cross the through street from either direction and gain access to the parking lot. The collision occurred when the defendant turned left out of the parking lot across the path of the plaintiff’s vehicle which had pulled out to pass a vehicle turning right into the shopping mall parking lot. Burnyeat J. concluded that the plaintiff’s vehicle constituted an immediate hazard to which the defendant ought to have yielded and he declined to find contributory negligence on the part of the plaintiff.
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