Linda Greba - v. -, 2013 SKPC 65

IN THE PROVINCIAL COURT OF SASKATCHEWAN CIVIL DIVISION Citation: 2013 SKPC 065 Date: April 22, 2013 File: 02/13 Location: Canora _____________________________________________________________________________ Between: Linda Greba - and - Kelly Masley Self-Represented For the Plaintiff Self-Represented For the Defendant _____________________________________________________________________________ JUDGMENT R. GREEN , J _____________________________________________________________________________ I. INTRODUCTION [ 1 ] Ms. Greba claims against Mr.

Masley as a result of a vehicle accident on November 2, 2012, at Sturgis. At about 3:45 p.m. that day Ms. Greba was backing her car out from her parking space in front of the Sturgis bowling alley, where her residence is located. That parking space was at a right angle to Main Street. Mr. Masley was driving his white pickup truck down Main Street past where Ms.

Greba was backing up. [ 2 ] The resulting collision between the two vehicles damaged the passenger’s side panel of Mr. Masley’s white pickup truck (just behind the passenger’s side rear door) and the passenger’s side rear portion of Ms. Greba’s car (with the passenger’s side rear tail light broken). [ 3 ] Ms. Greba claims for her $200.00 deductible, and must show on a balance of probabilities that this accident was caused by Mr. Masley’s carelessness. II. MS. GREBA ’S EVIDENCE [ 4 ] Ms.

Greba said she got into her vehicle along with her granddaughter Marissa Greba, who was in the driver’s side rear of the vehicle. Before backing out, she checked in all directions, a routine that she said she always follows. She also had her granddaughter check to see if there were any vehicles behind them. She said that those checks took about 12 seconds. She then moved her car back a few feet and stopped again, to make further checks. She then backed out and heard a bang, which she initially thought was her gas tank exploding.

She said her vehicle was spun around so it was facing in the wrong direction of the driving lane. She immediately checked to see that her grandchild was okay. [ 5 ] Ms. Greba said Mr. Masley went 71 feet before stopping, and also said she believed that he was travelling more than the speed limit of 30 kilometres per hour, given the short time it took her to back up and the fact that she had seen no one coming from his direction when she looked prior to backing up. [ 6 ] Ms. Greba said Mr. Masley came back to speak with her. Her version of the conversation was that Mr.

Masley said: “I didn’t see you, where did you hit my truck?” and she replied: “I didn’t see you in my rearview mirror, you could have been passing”. Ms. Greba denies that she backed into Mr. Masley and says that she was not totally to blame for the accident. When questioned by me about whether she was partly to blame, she said she was not at all to blame for the accident, as she took reasonable care in these circumstances and did not see anyone coming when she backed up. [ 7 ] On cross-examination by Mr. Masley, Ms. Greba was asked whether she said to Mr.

Masley, after the accident, that his truck was white and that may have been the reason she didn’t see Mr. Masley. She did not deny saying this, but she did deny ever saying that the accident was her fault. She admitted that she had at least one accident in the past - two years ago in British Columbia - and that she had had speeding tickets as well. She claimed that she was a very experienced driver and frequently drove on the highway. [ 8 ] Ms. Greba called her 11 year old granddaughter to testify. Marissa Greba testified after promising to tell the truth.

She said that her grandmother always had her check out the back of the vehicle before her grandmother backed up. She said she did this on this occasion. She did not see anything coming. On cross-examination she said that their dog was seated in the front passenger seat of the vehicle and Marissa was looking at her iPod for awhile in the back seat. III. MR. MASLEY ’S EVIDENCE [ 9 ] Mr. Masley said he was driving down Main Street past the bowling alley. He was driving at 30 kilometres per hour and felt something hit the side of his truck. He said he immediately stopped and went back to where Ms. Greba was.

He spoke to her and asked whether everyone was okay. He said that Ms. Greba apologized for hitting him and said “I didn’t see you, maybe you blended into the snow”. He said his truck is white, as pictured in Exhibit D-2. Mr. Masley said Ms. Greba also commented that it was good she had a package policy as she was at fault. [ 10 ] Mr. Masley said that, after ascertaining that everyone was okay, the parties exchanged vehicle registrations. Because they forgot to return the other’s registration at the scene, Ms. Greba later stopped by Mr. Masley’s residence to do so. Mr. Masley said, at that time, Ms.

Greba told him about some of the accidents she had been in over the years, and said she had better slow down or she would get into trouble with her licence.

IV. ANALYSIS [ 11 ] When I look at the area of damage to Mr. Masley’s truck - the side panel behind the rear passenger-side door - it is obvious, and I find, that his vehicle was struck from the side by the rear and/or rear corner of Ms. Greba’s vehicle as she backed out of her parking stall. The Traffic Safety Act is relevant in this case, as it establishes rules for the proper operation of motor vehicles in Saskatchewan. The rule regarding backing up is set out in

section 222: No person shall cause a vehicle to move backward on or onto a highway unless the movement can be made safely. [ 12 ] Both parties were adamant that the accident was caused by the carelessness of the other. Neither accepted any responsibility for the accident. On the evidence presented - which included the statements each party gave to their insurer (SGI) - I am not satisfied that Ms. Greba has shown on a balance of probabilities that this collision was caused by the carelessness of Mr. Masley. In my view, it is as likely as not that the accident was caused by Ms. Greba not seeing Mr.

Masley’s truck because it blended into the snow, and as a result by not backing onto Main Street safely (as required under s. 222). Considering Mr. Masley’s account, and where the damage occurred to his pickup truck in comparison to where the damage occurred on Ms. Greba’s car, I do not reject his version that he was driving at 30 km./hour on Main Street when Ms. Greba backed into his vehicle. [ 13 ] This action is dismissed. There will be no order for costs. R. Green, J