The plaintiff sustained personal injuries as a result of a motor vehicle accident caused by the defendant driver following his departure from the defendant bar. The plaintiff was a passenger in the defendant driver’s vehicle and had also attended the defendant bar on the evening of the accident. At the time of the collision, the plaintiff was not seat belted and the defendant driver was driving 30 km/h over the posted speed limit. Both the plaintiff and defendant driver had blood alcohol levels over the legal limits for operation of a motor vehicle. At trial, liability was apportioned 80% to the defendant driver and 20% to the defendant bar. The plaintiff was found 25% liable for his failure to wear a seatbelt, for entering into a vehicle which he knew would be operated by an impaired driver, and for encouraging the driver to drive faster. The bar was found to be 20% responsible for the contributory negligence.
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