A cyclist who moves in front of a stationary vehicle knowing the driver has not seen them may be found contributorily negligent even where the driver admitted liability for failing to keep a proper lookout. A 30% apportionment of contributory negligence was upheld in such circumstances. The assessment of damages for personal injury, including the apportionment of contributory negligence, has many characteristics of a discretionary judgment and an appellate court will not interfere unless error is demonstrated in accordance with House v The King principles.
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