Bonenfant v. Page, (1970) 2 N.B.R.(2d) 743 (QB)

• Judge: Robichaud, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: June 06, 1970
• Jurisdiction: New Brunswick
• Citations: (1970), 2 N.B.R.(2d) 743 (QB)

Bonenfant v. Page (1970), 2 N.B.R.(2d) 743 (QB);

    2 R.N.-B.(2e) 743

MLB headnote and full text

Sommaire et texte intégral

Bonenfant v. Page

Indexed As: Bonenfant v. Page

Répertorié: Bonenfant v. Page

New Brunswick Court of Queen's Bench

Robichaud, J.

June 6, 1970.

Summary:

Résumé:

Action for damages for death arising out of a motor vehicle accident (New Brunswick Court of Queen's Bench).

Torts - Topic 328

Negligence - Motor vehicle, gratuitous passengers - What constitutes gross negligence - The New Brunswick Court of Queen's Bench held the defendant driver liable to the plaintiff passenger for gross negligence for driving too fast at night in the rain on a dangerous curve when the defendant's ability to drive was impaired by alcohol.

Damage Awards - Topic 86

Injury and death - Fatal accidents - Daughter - 14 year old girl - $7,000 general damages for death (New Brunswick Court of Queen's Bench).

Cases Noticed:

McCulloch v. Murray, [1942] S.C.R. 141, folld.

LeBlanc et al. v. Boissoneau (1969), 1 N.B.R.(2d) 396, folld.

Statutes Noticed:

Motor Vehicle Act, S.N.B. 1955, c. 13, sect. 242(1).

Counsel:

Robert C. Rice, for the plaintiff;

P.E. Pelletier, Q.C., for the defendant.

ACTION for damages for death arising out of a motor vehicle accident.

The trial Court held the defendant 100% at fault and liable to the plaintiff for damages for death arising out of a motor vehicle accident occurring at night on a dangerous curve. The Court held that the defendant driver was travelling at an unreasonably high rate of speed under the prevailing circumstances and that the defendant was driving while his ability to drive was impaired by alcohol.