Lévesque v. Comeau et al., [1970] S.C.R. 1010 (1970)

Supreme Court of Canada

Lévesque v. Comeau et al., [1970] S.C.R. 1010

Date: 1970-06-26

Lola Lévesque and Georges Lévesque (Plaintiffs) Appellants;

and

Martin Comeau and Alma Lévesque (Defendants) Respondents.

1970: March 10; 1970: June 26.

Present: Fauteux, Martland, Judson, Ritchie and Pigeon JJ.

ON APPEAL FROM THE SUPREME COURT OP NEW BRUNSWICK, APPEAL DIVISION

Negligence-Causation--Motor vehicle collision-Blow on head and nerve deafness developing months later-Medical evidence of possible cause-Available witnesses not called-Causation not proved.

The appellants' claim for damages in respect of injuries allegedly sustained by the female appellant as a result of a motor vehicle collision which oc­curred when she was a passenger in her husband's car while it was stationary at a street intersection and was struck in the rear by a motor vehicle owned by the male respondent and operated by the female respondent was dismissed at trial. An appeal from the trial judgment was dismissed by the Court of Appeal.

The negligence of the respondent driver was ad­mitted and the only question was whether the female appellant suffered the injuries ...

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