A North Vancouver chiropractor who sued another driver for more than $30,000 over a parking lot fender bender has had his claim tossed out by a B.C. Supreme Court judge.
Gohar Sheikh sued Jason Struys, a farmer from Agassiz, after the two drivers collided in a downtown parking lot after a Canucks hockey game in November 2009.
Sheikh, who had attended the game with his wife and fouryear-old son, was backing up in a large SUV - a 2003 Acura MDX - when he said he felt a "sudden smash." Sheikh claimed Struys carelessly drove his 1995 Jeep Cherokee into his vehicle and sued for $31,000 in damages.
Struys, however, had a different version of events. Both he and a friend, a passenger in the jeep, said he began to pull slowly out of his parking spot but stopped when he saw Sheikh's SUV backing up.
Struys said Sheikh didn't stop, but continued backing the SUV until it collided with his jeep. Struys described the impact as minor and said there did not appear to be any damage to his jeep.
In considering the case, Justice Shelley Fitzpatrick said that she believed Struys over Sheikh, noting Struys was the only person involved in the fender bender who had a clear view of what was happening.
The judge noted some minor abrasions to the SUV's bumper - which ICBC estimated would cost under $700 to repair - appeared to be the only damage.
Fitzpatrick said she didn't accept that Struys had "lurched out" of a parking stall, as described by Sheikh, noting, "the mere fact that an accident occurs does not give rise to a presumption of negligence."
