Cormier et al. v. Texaco Canada Ltd. et al., [1966] N.B. Law News No. 81 (QB)

• Judge: Hughes, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: October 04, 1965
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 81 (QB)

Cormier v. Texaco Can. Ltd., [1966] N.B. Law News No. 81 (QB)

MLB Law News

Florine C.M. Cormier, by her next friend Joseph Khoury, and the said Joseph Khoury (plaintiffs) v. Texaco Canada Ltd. (a duly incorporated company) and Fred Gray (defendants)

(Archives RS48/1965/139; 139/65/C)

Indexed As: Cormier et al. v. Texaco Canada Ltd. et al.

New Brunswick Supreme Court

Queen's Bench Division

Hughes, J.

October 4, 1965.

Summary:

Motor Vehicle & Damage Awards - Defendant held 100 percent responsible for Plaintiff's damage arising out of a motor vehicle accident when reflectors were put some 200 yards in advance of Defendant's disabled oil truck and not placed in accordance with the requirements of section 217 of the Motor Vehicle Act which requires that such a reflector unit should be placed approximately 100 feet in advance of a disabled truck. The negligent placement of the reflectors more than 100 feet from vehicle constituted the proximate cause of the damage and injuries suffered by the Plaintiffs. General damages for personal injuries for contusions of the abdominal wall and a muscle tear causing soreness assessed at $375. The Plaintiff Cormier suffered a bump on the right foot and on her back and chest wall for which general damages of $325 were awarded.

Damage Awards - Topic 74

Injury and death - Body injuries - Bruises, abrasions and lacerations - See paragraphs 12 to 14.

Torts - Topic 500

Negligence - Motor vehicle - Parking or stopping - On highway - See paragraphs 1 to 11.

Torts - Topic 505

Negligence - Motor vehicle - Parking or stopping - Marking or warning of parked or stopped vehicle - See paragraphs 1 to 11.

Torts - Topic 527

Negligence - Motor vehicle - Signals and warnings - Stopping on highway - See paragraphs 1 to 11.

Torts - Topic 528

Negligence - Motor vehicle - Signals and warnings - Highway obstruction - Warning of - See paragraphs 1 to 11.

Counsel:

[None disclosed].

This case was heard before Hughes, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on October 4, 1965.