Bernard and de Ste Croix v. Frenette, (1980) 28 N.B.R.(2d) 447 (QB)

• Judge: Angers, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: January 09, 1980
• Jurisdiction: New Brunswick
• Citations: (1980), 28 N.B.R.(2d) 447 (QB)

Bernard v. Frenette (1980), 28 N.B.R.(2d) 447 (QB);

    28 R.N.-B.(2e) 447; 63 A.P.R. 447

MLB headnote and full text

Sommaire et texte intégral

Bernard and de Ste Croix v. Frenette

Indexed As: Bernard and de Ste Croix v. Frenette

Répertorié: Bernard and de Ste Croix v. Frenette

New Brunswick Court of Queen's Bench

Judicial District of Campbellton

Angers, J.

January 9, 1980.

Summary:

Résumé:

This headnote contains no summary.

Torts - Topic 328

Negligence - Motor vehicles - Gratuitous passengers - What constitutes gross negligence - The defendant driver misjudged the location of the shoulder of the highway when it was foggy and raining - The defendant lost control of his vehicle and it upset and his passengers were injured - The New Brunswick Court of Queen's Bench held that the defendant driver was not grossly negligent.

Damage Awards - Topic 59

Body injuries - Pelvis fracture plus fracture of ribs - 41 year old female stenographer - Continuing pain - The New Brunswick Court of Queen's Bench provisionally awarded the plaintiff $15,000.00 general damages for personal injuries (see paragraph 9).

Damage Awards - Topic 130

Leg injuries - Knee, slightly shattered patella - 32 year old female cashier - Continuing pain - The New Brunswick Court of Queen's Bench provisionally awarded the plaintiff $3,500.00 general damages for personal injuries (see paragraph 10).

Cases Noticed:

Teasdale v. MacIntyre (1968), 69 D.L.R.(2d) 1, ref'd to. [para. 2].

Burgess v. Cook (1970), 2 N.S.R.(2d) 109, ref'd to. [para. 6].

Page v. Dionne (1970), 3 N.B.R.(2d) 334, ref'd to. [para. 6].

Sparkes v. Wilson (1971), 4 N.B.R.(2d) 261, ref'd to. [para. 6].

Campbell's Estate, Campbell, Armstrong's Estate, Armstrong, Marshall and Jensen v. Moxness and Co-Operative Fire and Casualty Company (1977), 15 N.R. 423, ref'd to. [para. 7].

Martin et al. v. McNeely (1975), 10 N.B.R.(2d) 498, ref'd to. [para. 7].

Counsel:

Roger McIntyre, for the plaintiffs;

James Anderson, for the defendant.

This case was heard by ANGERS, J., of the New Brunswick Court of Queen's Bench. The judgment of ANGERS, J., was delivered at Campbellton, N.B., on January 9, 1980.