Cashato v. Johnson, [1967] N.B. Law News No. 13 (QB)

• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: December 15, 1966
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 13 (QB)

Cashato v. Johnson, [1967] N.B. Law News No. 13 (QB)

MLB Law News

Mary Cashato (plaintiff) v. Aldon Johnson amd Eileen Johnson (defendants)

(105/66/C; Archives RS48/1966/105)

Indexed As: Cashato v. Johnson

New Brunswick Supreme Court

Queen's Bench Division

Cormier, C.J.Q.B.D.

December 16, 1966.

Summary:

Motor Vehicle and Damage Award - Plaintiff pedestrian struck by Defendant's motor vehicle while Plaintiff was walking in urban area and straddling line beside road indicating space for pedestrians. Plaintiff held 25% at fault. Defendant found 75% at fault for not keeping a proper lookout. Female Plaintiff, age 50, awarded $4,500.00 general damages for fracture of pelvis, fracture of left rib and multiple abrasions, hospitalization for five weeks, no disability but some residual pain which doctor indicated would disappear within a year. Special damages awarded at $1,270.00 including $1,032.00 for N.B. Hospital Services Division.

Counsel:

Francis E. Atkinson, Q.C., for the plaintiff;

Patrick A.A. Ryan, for the defendants.

This case was heard on December 15, 1966, before Cormier, C.J., of the New Brunswick Supreme Court, Queen's Bench Division, who filed the following decision on December 16, 1966.