Driver who hit a wall in a snowy McDonald's drive-thru tried to blame the restaurant
A B.C. driver who hit a wall in a snowy McDonald's drive-thru won't receive the payout he requested to cover damages and personal time.
In a Civil Resolution Tribunal decision posted Monday, tribunal member Chad McCarthy outlined the dispute between driver Shahed Foroughi Jahromi and Caterina Restaurant Corp., which operates a McDonald's franchise.
The tribunal heard Jahromi's claim that Caterina was "negligent and failed to adequately maintain the snowy drive-through lane, which caused him to hit the wall." But Caterina claimed Jahromi's driving was the cause of the crash.
McCarthy said the decision was made based on the balance of probabilities, meaning one scenario was more likely than not.
"The undisputed evidence is that the Caterina drive-thru lane was snowy at the time Mr. Jahromi used it," McCarthy wrote.
"Mr. Jahromi says that his vehicle slipped, which caused it to strike the wall of Caterina's building."
McCarthy agreed that Caterina owed its customers a duty of care. Jahromi suggested the company should've cleared all the snow from the drive-thru and claimed $1,200 through the CRT to cover bumper repairs and "personal time" for speaking to various repair shops.
Caterina, however, said the drive-thru was safe to use even though it wasn't completely snow-free.
"Caterina says that 993 cars used its drive-thru that day, and there were no issues except for Mr. Jahromi’s collision," McCarthy's decision said.
"I find the lack of other proven incidents among the hundreds of cars using the drive-thru supports a finding that it was reasonably safe to use."
McCarthy further explained that Jahromi "submitted no evidence that supported Caterina's drive-thru being excessively slippery or presenting an unreasonable risk to its users in the circumstances."
The tribunal also received surveillance video from the company recorded on that day that showed the road was "straight and level."
"The ground was snowy, but the snow in the vehicle tracks had been compacted or moved to the sides of the lane," McCarthy wrote in his decision.
"There were vehicles both in front of and behind Mr. Jahromi's vehicle. I find the video does not show any of those other vehicles slipping or exhibiting significant difficulties."
McCarthy determined the video evidence didn't prove the drive-thru was unsafe and said the company didn't fail to keep up its standard of care. In fact, McCarthy said he found Jahromi's driving caused the crash.
"As Mr. Jahromi came to a stop at the pick-up window, he turned his front tires to the left, toward the wall adjacent to the drive-thru lane," McCarthy explained.
"He pulled forward slightly with the tires turned left, which moved the vehicle slightly left, before he came to a complete stop and picked up his food."
As noted from the video, the drive-thru lane was straight, but Jahromi's wheels were still turned to the left as he accelerated after picking up his food.
"On the evidence before me, I find that Mr. Jahromi struck the nearby wall because he left the pick-up window with his wheels turned sharply left, and because he accelerated too rapidly, especially considering the obviously snowy conditions," McCarthy said.
"I find this left him with no time to stop or turn and avoid colliding with the wall."
Ultimately, Jahromi's claim was dismissed.
CTVNews.ca Top Stories
Invasive and toxic hammerhead worms make themselves at home in Ontario
Ontario is now home to an invasive and toxic worm species that can grow up to three feet long and can be dangerous to small animals and pets.
Ontario to ban use of cellphones in school classrooms starting in September
Ontario is introducing a suite of measures that will crack down on cellphone use and vaping in schools.
Murder charge laid after man falls to death from Toronto apartment balcony
One person has been charged with second-degree murder in connection with the death of a man who fell from a balcony following an altercation inside a Toronto apartment building.
Ukraine's army chief reports tactical retreat in the east, and warns of front-line pressure
Ukraine's troops have been forced to make a tactical retreat from three villages in the embattled east, the country's army chief said Sunday, warning of a worsening battlefield situation as Ukrainian forces wait for much-needed arms from a huge U.S. aid package to reach combat zones.
Zendaya tennis movie ‘Challengers’ scores at weekend box office
Zendaya and castmates Mike Faist and Josh O’Connor have been on a globetrotting press tour to get the word out about Italian director Luca Guadagnino's original film, which opened in 3,477 locations in the U.S. and Canada.
Dozens in Italy give a fascist salute on the anniversary of Mussolini's execution
Dozens of people raised their arms in the fascist salute and shouted a fascist chant during ceremonies Sunday to honor Italian dictator Benito Mussolini on the 79th anniversary of his execution.
Have you heard the one about Trump? Biden tries humour on the campaign trail
U.S. President Joe Biden is out to win votes by scoring some laughs at the expense of Donald Trump, unleashing mockery with the goal of getting under the former president's thin skin and reminding the country of his blunders.
'Do not consume': Gift Chocolate recalled due to undeclared milk, soy
The Canadian Food Inspection Agency has issued a recall for a specific chocolate brand sold in Ontario and Quebec.
Laurentian University to spend millions on recommendations in second budget post insolvency, but nothing new to reopen pool
Laurentian University's board of governors approved a budget of just over $201.7 million for the 2024-2025 fiscal year.