Coady v. Burton et al., (1972) 3 Nfld. & P.E.I.R. 165 (NFSC)

• Judge: Higgins, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: June 23, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 3 Nfld. & P.E.I.R. 165 (NFSC)

Coady v. Burton (1972), 3 Nfld. & P.E.I.R. 165 (NFSC)

MLB headnote and full text

Coady v. Burton et al.

Indexed As: Coady v. Burton et al.

Newfoundland Supreme Court

At Trial

Higgins, J.

June 23, 1972.

Summary:

The trial court allowed the plaintiff's action for damages arising out of a motor vehicle collision and awarded the plaintiff $27,952.79 as special and general damages. The plaintiff parked his disabled vehicle on the shoulder of the highway at night. The plaintiff parked as far as possible onto the six feet wide shoulder. His vehicle was without lights. Another vehicle (second defendant) arrived to assist the plaintiff and parked his vehicle fully lighted immediately in front of and facing the plaintiff's vehicle. The Plaintiff's vehicle was struck from behind by the first defendant's vehicle. It was foggy and raining heavily and the defendant stated he could not see ahead more than 2 car lengths.

The trial court stated that the plaintiff was entitled to park his vehicle as he did for the purpose of repair and that the plaintiff was not required to place warning flares on the highway.

The trial court held the second defendant was not at fault in parking his vehicle facing traffic with its lights on.

The trial court held the first defendant negligent in failing to keep the proper lookout.

Damage Awards - Topic 130

Injury and death - Leg injuries - Knee - Comminuted fracture of head of fibula and fracture of tibia - Probability of traumatic arthritis and immobility of knee joint - Disability would result in loss of employment - Unskilled 42 year old male - Newfoundland Supreme Court awarded $25,000.00 general damages for personal injuries - Paragraph 15.

Torts - Topic 505

Negligence - Motor vehicle, parking or stopping - Marking or warning of parked or stopped vehicle - Plaintiff's disabled vehicle parked at night partially on shoulder of highway was struck from behind by defendant - Newfoundland Supreme Court stated that there was no requirement for the plaintiff to place warning flares and that the plaintiff was permitted to stop on shoulder for repairs - Supreme Court held defendant wholly at fault.

Cases Noticed:

Jones v. Shafer, [1948] S.C.R. 166, refd to.

City Motors v. Anderson (1964), 50 M.P.R. 119, folld.

Statutes Noticed:

Highway Traffic Act, S. Nfld. 1962, c. 82, sect. 163, sect. 164.

Counsel:

Thomas J. O'Reilly, for the plaintiff;

David F. Pitcher, for the defendant, Burton;

Ernest G. Reid, for the defendant, Ledrew.