The plaintiff sustained injuries in a motor vehicle accident and sued the County of Lennox and Addington and the Town of Greater Napanee (and others) for the subject roadway being in a state of non-repair due to snow. Justice Mew held that the road in question was in a state of non-repair. He was persuaded by the following facts: (a) the accident occurred at a “hot spot” known to be hazardous in winter conditions; (b) a specific concern about the condition of the road had been expressed by a Road Supervisor just 4.5 hours before the accident and he felt the road needed immediate attention; (c) despite the Road Supervisor’s concern, there was not evidence that the issue had been adequately responded to before the accident occurred; (d) it was the evidence of some witnesses that shortly after the accident, conditions were slippery and there was no evidence of winter maintenance operations; (e) a witness testified that on his arrival at the scene less than 30 minutes after the accident he saw no evidence of salt or sand application; and (f) the attending police officer saw no indication that the road had been ploughed, sanded, or salted. Justice Mew apportioned 50% liability to the County and the Town, 33% liability to the defendant truck driver, and found the plaintiff 17% contributorily negligent.
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