Bean, Bean and Bean v. Hachey and Hachey, (1978) 23 N.B.R.(2d) 701 (QB)

• Judge: Stratton, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: October 31, 1978
• Jurisdiction: New Brunswick
• Citations: (1978), 23 N.B.R.(2d) 701 (QB)

Bean v. Hachey (1978), 23 N.B.R.(2d) 701 (QB);

    23 R.N.-B.(2e) 701; 44 A.P.R. 701

MLB headnote and full text

Sommaire et texte intégral

Bean, Bean and Bean v. Hachey and Hachey

Indexed As: Bean, Bean and Bean v. Hachey and Hachey

Répertorié: Bean, Bean and Bean v. Hachey and Hachey

New Brunswick Court of Queen's Bench

Stratton, J.

October 31, 1978.

Summary:

Résumé:

This case arose out of the plaintiffs' action in negligence against the defendants for damages arising out of a motor vehicle accident in which the plaintiffs, as pedestrians, were run down by the defendants' motor vehicle. Liability was admitted and in the judgment below Stratton, J., of the New Brunswick Court of Queen's Bench, assessed the plaintiffs' damages for personal injuries.

Damage Awards - Topic 127

Personal injuries and death - Leg injuries - Displaced fracture of shaft of femur and undisplaced fracture of acetabulum of pelvis - Shock - Open reduction of femur with insertion of Kuntchner nail which was later removed - One month hospitalization - 5 cm. scar on buttock and 45 cm. scar on thigh - Good recovery with residual headaches and back pain - 15 year old boy - The New Brunswick Court of Queen's Bench, awarded $10,000.00 general damages for personal injuries - See paragraphs 2 to 12.

Damage Awards - Topic 150

Personal injuries and death - Multiple injuries - Displaced fracture of shaft of femur and fracture of pelvis - Shock - Abrasions to face, wrists and hands - Open reduction of femur with insertion of Kuntchner nail which was later removed - 26 days hospitalization - 5 cm. scar on hip and 25 cm. scar on thigh - One cm. shortening of leg - Residual headaches and backache - Possibility of future surgery to remove excess bone tissue caused by Kuntchner nail - 18 year old female student - The New Brunswick Court of Queen's Bench, awarded $12,500.00 general damages for personal injuries - See paragraphs 2 and 13 to 21.

Interest - Topic 5137

Interest as damages - Torts - Negligence - Personal injuries - Judicature Act, R.S.N.B. 1973, c. J-2, s. 45 - The plaintiffs in an action in negligence for damages for personal injuries claimed interest on their damages from the date of the accident to the date of judgment over 4 years later - The action could have been tried sooner than it was and was brought on for trial by the defendants - The New Brunswick Court of Queen's Bench, awarded the plaintiffs 7% interest on their damages for 2 years - See paragraph 23.

Interest - Topic 5145

Interest as damages - Torts - Rate of interest applicable - Judicature Act, R.S.N.B. 1973, c. J-2, s. 45 - The New Brunswick Court of Queen's Bench, awarded interest at 7% on damages for personal injuries.

Cases Noticed:

Therrien et al. v. White et al. (1975), 12 N.B.R.(2d) 541; 10 A.P.R. 541, consd. [para. 22].

Beaulieu and Sirois v. Ouellette (1976), 13 N.B.R.(2d) 679; 13 A.P.R. 679, consd. [para. 22].

Lavigne and Lavigne v. Smith and Payne (1976), 16 N.B.R.(2d) 593; 21 A.P.R. 593, consd. [para. 22].

Grant and Spencer v. Mann (1977), 19 N.B.R.(2d) 152; 30 A.P.R. 152, consd. [para. 22].

Savoie v. Chiasson (1978), 21 N.B.R.(2d) 308; 37 A.P.R. 308, consd. [para. 22].

LeLarge et al. v. Blakney et al. (1978), 21 N.B.R.(2d) 100; 37 A.P.R. 100, consd. [para. 22].

Chiasson v. Rail et al. (1978), 21 N.B.R.(2d) 290; 37 A.P.R. 290, consd. [para. 22].

Schriver v. Clark et al. (1977), 17 N.B.R.(2d) 63; 23 A.P.R. 63, folld. [para. 23].

Jefford v. Gee, [1970] 1 All E.R. 1202, folld. [para. 23].

Statutes Noticed:

Judicature Act, R.S.N.B. 1973, c. J-2, sect. 45 [para. 23].

Counsel:

Peter J. Dykeman, for the plaintiffs;

Douglas A.M. Evans, for the defendants.

This case was heard on October 24, 1978, at Moncton, N.B., before STRATTON, J., of the New Brunswick Supreme Court, Queen's Bench Division.

On October 31, 1978, STRATTON, J., delivered the following judgment: