The plaintiff was injured in a motor vehicle accident which occurred when the driver of the vehicle in which he was a passenger lost control of the vehicle and struck a hydro pole. The plaintiff commenced an action for damages against the relevant municipality for non-repair of the roadway, alleging that the accident was caused or contributed to by a dip in the road. Justice Copeland held that none of the dip in the road, the absence of signage warning of the dip, the location of the hydro pole, the absence of a barrier, nor the steepness of the road’s side slopes constituted a state of non-repair. Therefore the municipality did not breach the applicable standard of care and was not negligent. The claim was dismissed.
