I find as a fact that the suddenness of the defendant's appearance left the plaintiff with no time to avoid the collision. It is likely that her view of the defendant was at least partially blocked by the eastbound, five tonne truck. However, as noted in Pacheco v. Robinson, at para. 15: … the dominant driver who is proceeding through the intersection is generally entitled to continue and the servient left-turning driver must yield the right of way. The existence of a left-turning vehicle does not raise a presumption that something unexpected might happen and cast a duty on the dominant driver to take extra care …
The evidentiary foundation before me is fundamentally different than Nerval v. Khehra, a left-turn case relied upon by the defendant in support of contributory negligence.
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