Colpitts v. Cameron, [1967] N.B. Law News No. 10 (QB)

• Judge: Barry, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: November 29, 1966
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 10 (QB)

Colpitts v. Cameron, [1967] N.B. Law News No. 10 (QB)

MLB Law News

Lloyd Colpitts, Mabel Colpitts and June Colpitts by Lloyd Colpitts as next friend (plaintiffs) v. Walter G. Cameron (defendant)

(53/66/C)

LeBaron Finniss (plaintiff) v. Walter G. Cameron (defendant)

(138/66/C)

Audrey A. Cameron, Married Woman, Wife of Walter G. Cameron (plaintiff) v. Lloyd Colpitts and Mabel Colpitts, Married Woman, Wife of Lloyd Colpitts (defendant)

(164/66/C; Archives RS48/1966/53)

Indexed As: Colpitts v. Cameron

New Brunswick Supreme Court

Queen's Bench Division

Barry, J.

December 14, 1966.

Summary:

Where collision occurred on Plaintiff's side of road, onus shifts to Dedendant who must show that the accident was inevitable and that a reasonable man using reasonable care and skill (not greatest care and skill) could not have avoided the accident. Defendant held liable.

Female Plaintiff, age 28, housewife, awarded $7,500.00 special damages including $500.00 for loss of consortion and $18,000.00 general damages for compound comminuted fracture of the lower end of right femur, severe lacerations of right ankle and left leg, extreme shock, loss of kneecap and much loss of skin in the knee area with knee flexion limited to 40% and in addition $1,075.00 for loss of income but no award for loss due to inability to conclude a stock option agreement as such a claim is too remote.

Male Plaintiff, age 49, farmer, awarded $10,000.00 general damages for shock, lacerations on forehead and comminuted fracture of left shoulder blade two ribs and an open comminuted fracture of right kneecap, including vision difficulties and lack of sensation in left side of forehead and special damages of $8,904.00 including $1,000.00 for loss of income, $1,500.00 for hired help, $1,495.00 for purchase of equipment to enable Plaintiff to clean his cattle barn (which cost less than hiring a man to do the work) and $3,134.00 for value of services gratuitiously performed for Plaintiff by son of Plaintiff (the generosity of others is res inter alias acta and is not something from which the wrongdoer should reap the benefit) -- Mayne and McGregor on Damages, 12th Ed. at page 652. See also 66 D.L.R. 2nd at page 113 - C.C.C. -1966.

Female Defendant, age 55, general damages assessed at $3,000.00 for fracture of six ribs on left side and fracture of right cheekbone and laceration of right knee and severe lacerations of orbit around the eye as well as the nose, but this counterclaim was dismissed. Male Defendant's general damages assessed at $2,500.00 for fractured lower right ulma, five fractured ribs and a torn nose and special damages assessed at $6,110.00, including $2,844.00 for loss of income but his counterclaim also dismissed.

Counsel:

D.M. Gillis, Q.C., and J. Turney Jones for the plaintiffs, in the first two named actions and for the defendants in the third named action;

Mark Yeoman, for the defendant, in the fist two actions and for the plaintiff in the third named action.

This case was heard in Saint John, N.B., on November 29, 1966, before Barry, J., of the New Brunswick Supreme Court, Queen's Bench Division, who filed the following decision on December 14, 1966.