ASSAU- A man killed in a traffic accident partly contributed to his death, a Supreme Court judge has ruled.
Justice Ian Winder accorded 30 percent of the blame to fatality victim Jason Culmer, who had been driving under the influence of alcohol.
Culmer, 47, died immediately after a Volvo tanker truck driven by Trevor Johnson crashed into his Honda CRV on September 20, 2013.
Culmer was headed east on Carmichael Road and Johnson was going in the opposite direction when the accident occurred.
At the time of his death, Culmer supported his ex-wife, Anthea Culmer, and their two sons on a $45,000 salary.
She sued Johnson on behalf of her minor child, while the adult son, Justin, sued on his own behalf.
The suit alleged that Johnson caused the accident due to his negligence.
On the other hand, Johnson testified that Culmer caused the accident by coming into his lane.
However, his evidence did not align with the findings of traffic reconstructionist Reserve Superintendent Richard Rahming.
He concluded that Johnson “was partially in the east bound lane, where the point of collision impact occurred.”
According to the evidence, rainwater had settled in Johnson’s lane.
Justice Ian Winder said, “I am prepared to find that due to the considerable buildup of water in his lane, he drove his vehicle toward the center of the road at the time he collided with the deceased.”
The Judge also found that Johnson was speeding because after the collision his vehicle traveled another 80 feet before it came to a stop.
While finding that Johnson’s negligence caused the accident, the Judge determined that Johnson’s alcohol use contributed to it.
Forensic toxicologist Insector Cyprian Collie said that Culmer was in the “excitement phase” of alcohol use, which causes, among other things, loss of judgement, reduced visual acuity, peripheral vision and glare recovery, sensory-motor incoordination and impaired balance.
Justice Winder said, “On this evidence, I am satisfied, it is more likely than not, that the deceased failed to take ordinary care of himself, and that this failure was likely a contributory cause of the accident.”
The Judge did not find that Culmer driving with a valid inspection certificate or license disc attached to his windshield played a role in the traffic fatality.
As the trial was only to determine liability, Justice Winder did not award any damages. He has directed the Supreme Court Registrar to assess 70 percent in damages and costs for the plaintiffs.
Lessiah Rolle appeared for the plaintiffs and Wellington Olander represented Johnson.
