An Unfortunate Accident

Case Analysis by

Ashley Wright, Christine Cossette, Kerri Penford, Megan Onespot

 Facts of the Case

Trudeau High School student Prim Irwin (Irwin) is seriously injured on June 9th, 2001 at approximately
3:05pm as result of a crash that took place while she was a passenger in a friend’s vehicle. The students
were driving back to their High School campus from an afternoon golf activity when the crash occurred.
School District policy states that student vehicles are only to be used on school-sponsored activities that
take place within the town limits. The Marabelle Golf Resort was outside the town limits. However,
despite this policy, on the day of the accident the teacher had students drive personal vehicles; Irwin
was the sole passenger in Amanda Ballard’s vehicle, which was involved in a serious crash. Further to
this, in loco parentis, the teacher “looked over” the vehicle yet failed to check the belts to ensure that
the car Irwin was riding in was safe. A broken, potentially unused, passenger seat belt ultimately
resulted in Irwin being ejected out the open sunroof during the crash. As a result of being ejected during
the crash, Irwin is now a quadriplegic.

Liable Parties

In our opinion the following parties are liable for the incident that took place on June 9th, 2001:

School District

Duty of Care - It is the Board’s responsibility to oversee Administrative Policy in the School District, in
this case, Transportation Guidelines, that ensure the safety of all students.

Standard of care - The School District’s policy stated that students are authorized to use personal
vehicles as transportation for school-sponsored activities within the town limits. Two out of the three
schools in the district chose not to allow students to use personal vehicles, leading us to believe that a
prudent school would not allow students to use personal vehicles- whereas Trudeau High School
permitted this policy. This negligent policy was a catalyst to Ballard driving her vehicle on June 9th,
2001, the day of the accident. (45 (8), Alberta School Act).

Foreseeability – There are associated risks with driving. Allowing students to drive personal vehicles
opens them up to possible dangers associated with driving.

Causality – But for had the Board implemented a policy strictly forbidding students from using personal
vehicles for transporting themselves or other students to school sponsored activities.

Principal

Duty of Care - It is the Principal's responsibility to implement appropriate Policy in his or her school, in
this case, Transportation Guidelines to ensure the safety of all students.

Standard of care - The school’s policy was that personal student vehicles can be used as transportation
for school-sponsored activities within the town limits whereas the two other schools in the School
division did not allow the use of personal vehicles. Two out of the three schools in the district chose not
to allow students to use personal vehicles whereas the administration at Trudeau High School permitted
this policy. This negligent policy was a catalyst to Ballard driving her vehicle on June 9th, 2001, the day
of the accident. Further to this, when reviewing the consent form the principal did not confirm the
location of Marabelle Resort Golf Course was in fact outside the town limits and therefore not
permissible according to the policy set forth, that is to allow students to drive personal vehicles to a
school-sponsored activity. (20 (e), Alberta School Act).

Foreseeability – There are associated risks with driving. Allowing students to drive personal vehicles
opens them up to possible dangers associated with driving.

Causality – But for had the Principle confirmed the location of the planned trip to Marabelle Resort Golf
Course, it would have been discovered it was outside the town limits and therefore not permissible to
allow students to drive personal vehicles.

Teacher - Lindsay Waterman

Duty of Care - It is the duty of care that a teacher follow school policies to ensure the safety of students
in his or her care.

Standard of care - Lindsay Waterman did not confirm that the location of Marabelle Resort Golf Course
was in fact outside the town limits and therefore not permissible according to the policy, that is to allow
students to drive personal vehicle to a school-sponsored activity. (6 (b), Teaching Quality Standard)

Foreseeability – School policies are put into place to mitigate the possibility of risk or injury to students.
There are associated risks with driving, therefore the School District had specific policies surrounding
personal vehicle use for school-sponsored events. Allowing students to drive personal vehicles opens
them up to possible dangers associated with driving, this is why students are not permitted to drive
outside of the town limits, it increases risk.

Causality – But for had the Teacher confirmed the location of the planned trip to Marabelle Resort Golf
Course, it would have been discovered it was outside the town limits and therefore not permissible to
allow students to drive personal vehicles.

Driver - Amanda Ballard

Duty of Care - As a licensed and insured driver, Amanda Ballard not only has the responsibility to drive
safely but to ensure the safe utilization and operation of her vehicle.

Standard of care - Ballard allowed Irwin to ride as a passenger in her vehicle in a seat with a
malfunctioning seat belt, of which she knew, and therefore drove Irwin knowing she would be without
proper safety restraints. Ballard was specifically told by her parents not to have any person’s ride in her
vehicle’s passenger seat until the seat belt was repaired. A repair was scheduled prior to the accident.
Furthermore, Ballard was charged with Driving Carelessly under section 115(2)(b) of the Traffic Safety
Act of Alberta, which is evidence of admitted guilt towards driving with a malfunctioning seat belt.
Foreseeability – There are associated risks with driving, such as the risk of accidents. This is why vehicles
are equipped with seat belts and why it is law that seat belts be worn while driving or riding in a vehicle.

Causality – But for had Ballard not allowed Irwin to ride in the passenger seat in which she knew the
belt was broken.

Passenger- Prim Irwin

Duty of Care - As a passenger, Irwin had the duty of care to herself to be aware of hazardous conditions
and wear a seat belt.

Standard of care - Irwin knew there was a problem with the passenger side seat belt yet made the
choice to ride in Ballards passenger seat anyway. She did not move to another seat where there may
have been an operating seat belt or to another vehicle with an operating seat belt. Furthermore, after
conflicting statements from Ballard and Irwin on whether a seat belt was used by Irwin and the inability
of the reconstruction expert to prove that one was used, the evidence points to Irwin not taking the care
to protect herself by using a seat belt.

Foreseeability – There are associated risks with driving and/or riding in vehicles. This is why vehicles are
equipped with seat belts and why it is law that seat belts be worn while driving or riding in a vehicle.
Irwin was said to “always where a seat belt” when riding as a passenger in any vehicle, therefore she
recognized these risks.

Causality – But for had Irwin not ridden in the passenger seat of Ballard’s vehicle.

Damages

Irwin suffered catastrophic injuries as a result of the accident. The vehicle rolled several times following
the drivers (Ballard) attempt to avoid a stationary truck, and then swerving back into her original lane to
avoid oncoming traffic. While attempting that maneuver the vehicle rolled over several times throwing
Irwin out the sunroof. Ultimately, Irwin suffered catastrophic injuries as a result of the accident. Due to
these injuries, Irwin will require Future Cost Care as a quadriplegic (Bain v. Calgary Board).

Division of Fault

In reviewing the case, we have come to the conclusion that multiple parties are liable for the damages
against Irwin. For the failure of the school board to provide an adequate policy regarding student
transportation we have assigned 50% of the fault. For the failure to recognize the out-of-town
boundaries regarding the field trip during the review of the consent for, we have assigned 20% of the
fault to the principal. For failure to recognizing the location of the field trip was out-of-town and
therefore failed abide by the school policy, we have assigned the teacher 15% of the fault. For failure to
protect her passenger and allow Irwin to ride in a seat with a seat belt that was known to be
malfunctioning, we have assigned Ballard with 10% of the fault. The final 5% of fault will be attributed to
Irwin for failing to protect herself by riding in a passenger seat with a known to be malfunctioning seat
belt, for choosing to open the sunroof which she was then thrown out of, and finally for failing to wear a
seat belt.