The Supreme Court of Canada has ordered a new trial in the civil case of a B.C. woman who sued her husband after suffering severe brain injuries in a motorcycle accident while he was driving.
The accident occurred in 2004, when Joseph Clements lost control of his motorcycle in wet weather while driving from Prince George to Kananaskis, Alta., with his wife Joan riding behind on the passenger seat.
According to court documents, the bike was overloaded and unknown to the couple, a nail had punctured the back tire. When Joseph accelerated past the speed limit to overtake another vehicle, the nail fell out, deflating the tire and Clements lost control of the bike.
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