Couture and Couture v. Maillet, (1981) 34 N.B.R.(2d) 268 (TD)

• Judge: Jean, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: April 01, 1981
• Jurisdiction: New Brunswick
• Citations: (1981), 34 N.B.R.(2d) 268 (TD)

Couture v. Maillet (1981), 34 N.B.R.(2d) 268 (TD);

    34 R.N.-B.(2e) 268; 85 A.P.R. 268

MLB headnote and full text

Sommaire et texte intégral

Couture and Couture v. Maillet

(B/C/459/79)

Indexed As: Couture and Couture v. Maillet

Répertorié: Couture and Couture v. Maillet

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Bathurst

Jean, J.

April 1, 1981.

Summary:

Résumé:

This case arose out of the plaintiffs' action in negligence against the defendant for damages arising out of a rear-end motor vehicle collision.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the action and awarded the plaintiffs damages for personal injuries.

Damage Awards - Topic 178

Personal injuries and death - Neck injuries - Whiplash - Chronic pain syndrome - Prospect of total disability for indefinite time - Thirty-three year old married male tire buster with grade six education - The New Brunswick Court of Queen's Bench, Trial Division, awarded $40,000.00 general damages for personal injuries - See paragraphs 5 to 42.

Damage Awards - Topic 178

Personal injuries and death - Neck injuries - Whiplash - Working wife and mother - Residual pain - Slow recovery over more than two years - The New Brunswick Court of Queen's Bench, Trial Division, awarded $3,500.00 general damages for personal injuries - See paragraphs 43 to 47.

Torts - Topic 346

Negligence - Motor vehicle - Passengers - Contributory negligence - Failure to use safety equipment - Seat belt - The New Brunswick Court of Queen's Bench, Trial Division, refused to apply the defence of contributory negligence by failing to use a seat belt, where it was not proved that use of a seat belt would have reduced the plaintiffs' injuries in a rear-end collision - See paragraphs 3, 35 to 37.

Cases Noticed:

Pasqualetto v. Head (1979), 24 N.B.R.(2d) 570; 48 A.P.R. 570, appld. [para. 40]; consd. [para. 42].

McIllwraith v. Melles (1980), 27 N.B.R.(2d) 388; 60 A.P.R. 388, consd. [para. 42].

Lajoie v. Pelletier Estate (1979), 26 N.B.R.(2d) 303; 55 A.P.R. 303, consd. [para. 42].

Falksjar v. Buck (1981), 33 N.B.R.(2d) 32; 80 A.P.R. 32, consd. [para. 42].

Counsel:

J. George Chiasson, for the plaintiffs;

John P. Barry, Q.C., for the defendant.

This case was heard at Bathurst, N.B., before JEAN, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Bathurst, who delivered the following judgment on April 1, 1981: