Bosse v. Pelletier, [1966] N.B. Law News No. 49 (QB)

• Judge: Robichaud, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: August 01, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 49 (QB)

Bosse v. Pelletier, [1966] N.B. Law News No. 49 (QB)

MLB Law News

Claude T. Bosse (plaintiff) v. Gilles Albert Pelletier and Elise Pelletier (defendants)

(170/66/C; Archives RS48/1966/170)

Indexed As: Bosse v. Pelletier

New Brunswick Supreme Court

Queen's Bench Division

Robichaud, J.

August 1, 1966.

Summary:

Motor Vehicle Accident & Damage Award for Fracture of Nose & Jaw - Defendant held 80% at fault on making left turn across highway into path of plaintiff when visibility nearly nil due to fog. Held onus of offering evidence disproving negligence by defendant not discharged. Plaintiff awarded $3,771 special damages (including loss of wages of $1,262 and value of auto of $2,250) and $6,250 general damages for fracture of nose and jaw, hospitalization for one month, severe concussion, striking personality change, depression, loss of enjoyment of life, facial disfigurement and the probability of some partial permanent disability.

Damage Awards - Topic 102

Injury and death - Head injuries - Brain damage - See paragraphs 26 to 33.

Damage Awards - Topic 117

Injury and death - Head injuries - Facial injuries (incl. scarring) - See paragraphs 26 to 33.

Torts - Topic 377

Negligence - Motor vehicle - Standard of care of driver - Visibility reduced - See paragraphs 1 to 25.

Torts - Topic 411

Negligence - Motor vehicle - Rules of the road - Making turns - Left turns - See paragraphs 1 to 25.

Counsel:

Robert C. Rice, for the plaintiff;

John N. Bugold, for the defendants.

This case was heard at the Madawaska County Circuit, before Robichaud, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on August 1, 1966.