35 The facts in Lloyd v. Fox were that the plaintiff motorcyclist was travelling a narrow hilly country road on Texada Island, and collided with one of two pickup trucks whose drivers had been travelling in opposite directions and had decided to stop and chat on a curve near the crest of a hill, blocking the travelled portion of the road. The trial judge's apportionment of 40% fault to the plaintiff on the basis of his excessive speed in the circumstances, which included his particular knowledge that obstructions by stopped vehicles or wildlife were common, was upheld by the majority decision, but commented upon as being at the upper limit of appropriateness. Southin J.A. would have apportioned only 15% fault to the plaintiff, her finding being that his only negligence consisted of him not applying his brakes in the manner of a reasonably competent driver.
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