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How far does the duty to be careful extend? How about a drive in movie screen by a roadway and potential distraction?

July 13, 2010, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

In a recent case (Lamarche v Grebenjak) the Ontario Superior Court had to consider certain allegations made in a Statement of Claim regarding whether a driver, who hit a pedestrian, may have been distracted by a show that was playing on a movie screen while passing the drive in theatre. The police investigation had commented that the

 “drive in theatre’s screen is on such an angle that it is within view of southbound traffic.  It’s evidently a possible distraction for southbound vehicular traffic.”
The defendants, the movie theatre, brought a motion asking the court to strike that part of the Statement of Claim and thereby dismiss the claim against it. 
The court considered the evidence at motion that was before it. The plaintiff was required to put its “best foot forward” and present all relevant and important evidence in order to make the case against the movie theatre. The court determined that the only evidence led was that of the police report which commented on a “possible distraction”. There was no evidence that the movie theatre actually caused a distraction to the defendant in this case. 
In addition to the lack of evidence, the court also found that re was no basis upon which to find that there was a duty of care between the plaintiff and the movie theatre operator. The court felt that this would be too broad a duty to impose on the operator of the movie theatre.
As a result the claim against the movie theater was dismissed.

About Paquette Travers & Deutschmann

Paquette Travers & Deutschmann serve South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Doug O’Toole focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.