But because the trucking company, Bert Baxter Transport Ltd., cannot prove the damage did not arise through the negligence or improper conduct of its driver, it must pay damages to Duraroc Consulting Ltd., Smith said. A semi tractor-trailer unit owned by Bert Baxter Transport Ltd., driven by Anthony Dale Voth, was traveling through Saskatoon when it left Highway 11 just after passing under the Highway 16 overpass in the city’s southeast. Bert Baxter Transport argued that the crash was caused by unforeseen circumstances and could not have been prevented by exercising normal care and that because there is no evidence the company or its driver acted negligently, it should not be liable for the damages. Duraroc noted Bert Baxter Transport presented no evidence that the crash was unavoidable and should be responsible for damages.
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