The duty of 'reasonable attention' to what is happening on and near the roadway articulated in [name withheld] v [name withheld] does not require a bus driver to keep a pathway obscured by a fence under constant surveillance for the possibility that a cyclist might suddenly emerge. Where the evidence gives rise to conflicting inferences of equal probability as to how an accident occurred, the plaintiff has failed to discharge the burden of proof. A primary judge's assessment of contributory negligence at 70 per cent lies within the proper range of discretion where the plaintiff was more in control of the situation than the defendant. Future domestic care awards should be discounted for reduced life expectancy where the plaintiff is a heavy smoker, notwithstanding that life tables already incorporate population-wide smoking discounts.
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