Bendick v. Miller, (1979) 24 A.R. 367 (QB)

JudgeKidd, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateNovember 05, 1979
Citations(1979), 24 A.R. 367 (QB)

Bendick v. Miller (1979), 24 A.R. 367 (QB)

MLB headnote and full text

Bendick v. Miller

(1900)

Indexed As: Bendick v. Miller

Alberta Court of Queen's Bench

Judicial District of Medicine Hat

Kidd, J.

November 5, 1979.

Summary:

This headnote contains no summary.

Damage Awards - Topic 178

Personal injury - Neck injuries - Whiplash - As a result of a motor vehicle accident which occurred in 1977, the plaintiff suffered a flexion injury to her neck - At the time of trial, the plaintiff still complained of pain - The Alberta Court of Queen's Bench assessed damages of $7,500.00 for pain and suffering - See paragraph 14.

Damages - Topic 1550

General damages for personal injury - Prospective loss of wages or earnings - The plaintiff, a 46 year old mother of two dependent children, suffered a flexion injury to her neck as a result of a motor vehicle accident which occurred in 1977 - The plaintiff still complained of pain at the time of trial - The Alberta Court of Queen's Bench stated that the court must not confuse the fact that there were no objective medical symptoms with the fact that the plaintiff was actually suffering pain - The Alberta Court of Queen's Bench in dismissing a claim for damages for loss of future earnings stated that there must be evidence before the court in an award of damages for future loss of earnings, to show that the individual could not work - See paragraph 14.

Cases Noticed:

Andrews v. Grand & Toy Ltd., [1978] 2 S.C.R. 299; 19 N.R. 50; 8 A.R. 182; 83 D.L.R.(3d) 452; [1978] 1 W.W.R. 557; 3 C.C.L.T. 225, refd to. [para. 14].

Krahn et al. v. Rawlings, 2 C.C.L.T. 92, refd to. [para. 14].

Counsel:

R.B. Miskuski, for the plaintiff;

E.W.N. MacDonald, for the defendant.

This case was heard before KIDD, J., of the Alberta Court of Queen's Bench, Judicial District of Medicine Hat.

The decision of KIDD, J., was delivered on November 5, 1979:

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