The judge noted the truck driver did not change gears but "braked and jacked" as he headed south down a slope toward the Montney Coulees. The truck then crossed the centre line and jack-knifed, and the left outer rim of the rear axle struck the front of Mr. Gibb's vehicle. It was then pushed backward into a pickup truck, and the crash resulted in Mr. Gibb's death, while his wife Billie was seriously injured.
The judge ruled that Therrien "misjudged the combination of the downhill slope and the curve, and did not slow significantly, to prevent the weight shift." However, in her ruling she also said the error in judgment was momentary, and that there is no evidence to support a finding that he was aware of the risk and chose to run that risk.
With that noted, the judge found that Mr. Therrien's standard of care was not a marked departure from that expected of a reasonable driver.
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