Cerciello v. Gelinas, (1979) 23 A.R. 393 (QB)

• Judge: MacLean, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 12, 1979
• Citations: (1979), 23 A.R. 393 (QB)

Cerciello v. Gelinas (1979), 23 A.R. 393 (QB)

MLB headnote and full text

Cerciello v. Gelinas

(No. 132231)

Indexed As: Cerciello v. Gelinas

Alberta Court of Queen's Bench

MacLean, J.

December 12, 1979.

Summary:

This headnote contains no summary.

Damage Awards - Topic 108

Personal injuries and death - Head injuries - Headaches - Bruised head causing hematoma and severe headaches - Soft tissue injury to neck - No permanent disability - The Alberta Court of Queen's Bench awarded the adult male plaintiff $2,500.00 general damages - See paragraph 12.

Torts - Topic 346

Negligence - Motor vehicles - Passengers - Contributory negligence of - Failure to use safety equipment - Seat belts - The plaintiff brought a negligence action for damages for personal injuries against the defendant - The defendant argued that the plaintiff was contributorily negligent, because he failed to use an available seat belt which would have lessened or prevented his injuries - The Alberta Court of Queen's Bench allowed the plaintiff's action - The Queen's Bench held that the defendant did not prove by a preponderance of evidence that the seat belt would have prevented or lessened the plaintiff's injuries and therefore the plaintiff was not contributorily negligent - See paragraphs 1 to 6.

Counsel:

J.D. Green, for the plaintiff;

C.S. Brooker, for the defendant.

This case was heard by MacLEAN, J., of the Alberta Court of Queen's Bench.

On December 12, 1979, MacLEAN, J., delivered the following oral judgment.