17 Jan Yamakami v. Whittey

             This action arises out of a motor vehicle accident that occurred on July 30, 2007 at the intersection of Jellicoe Street and S.E. Marine Drive in Vancouver. The accident occurred when the plaintiff, Brenda Yamakami, who was proceeding westbound on S. E. Marine Drive, turned left off Marine Drive to proceed south on Jellicoe Street. As the plaintiff was 90 degrees into her turn, and about halfway across the three oncoming eastbound lanes, she was “T-boned” by an eastbound vehicle driven by the defendant, Walter Whittey, and owned by Mr. Whittey’s employer, the corporate defendant Accent Leasing & Sales Limited. It is agreed that if the defendant, Walter Whittey, is found to have been operating his vehicle in a negligent manner at the time of the accident, Accent Leasing & Sales Limited is vicariously liable for that conduct both as his employer and pursuant to s. 86 of the Motor Vehicle Act, R.S.B.C. 1996, c.318 (“MVA”)....