Currie v. Stirling Fruit Farms Ltd. et al., (2000) 185 N.S.R.(2d) 359 (SC)

• Judge: Stewart, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: May 26, 2000
• Jurisdiction: Nova Scotia
• Citations: (2000), 185 N.S.R.(2d) 359 (SC)

Currie v. Stirling Fruit Farms (2000), 185 N.S.R.(2d) 359 (SC);

 575 A.P.R. 359

MLB headnote and full text

Temp. Cite: [2000] N.S.R.(2d) TBEd. JN.026

Lisa Matilda Currie (plaintiff) v. Stirling Fruit Farms Limited, a body corporate and Berwick Fruit Farms Limited, a body corporate (defendants)

(S.K. No. 5695)

Indexed As: Currie v. Stirling Fruit Farms Ltd. et al.

Nova Scotia Supreme Court

Stewart, J.

May 26, 2000.

Summary:

The plaintiff fell from a ladder while picking apples in the defendants' apple orchard and suffered a broken ankle. She sued the defendants for damages for injuries and consequent losses.

The Nova Scotia Supreme Court dismissed the claim. The defendants did not breach their duty of care to the plaintiff. The court provisionally assessed damages of $13,000 for pain and suffering, loss of amenities and ongoing restrictions and $17,365 for loss of income.

Damage Awards - Topic 125

Injury and death - Leg injuries - Ankle - In 1994 the plaintiff, then 28, fell from a ladder while picking apples in the defen­dants' apple orchard and suffered a broken ankle - She sued the defendants for dam­ages for her injuries and consequent losses - She wore a cast for nine weeks during which she could put no weight on the ankle - At trial, the ankle was still "trou­blesome" and restricted her from doing pre-accident activities without experiencing swelling and pain - She found herself tentative about doing things - No longer took medication - She walked four to five kilometres three to four times a week - The Nova Scotia Supreme Court dismissed the claim but provisionally assessed dam­ages of $13,000 for pain and suffering, loss of amenities and ongoing restrictions -See paragraphs 41 to 48.

Torts - Topic 38

Negligence - Standard of care - Particular persons and relationships - Employers (master and servant) - The plaintiff fell from a ladder which broke while she was picking apples in the defendants' apple orchard - The Nova Scotia Supreme Court dismissed the plaintiff's damages claim - The defendants made reasonable inspec­tions of their ladders for discoverable defects and undertook reasonable care for latent defects - The defect could not have been disclosed on routine inspection and may have been heightened by the plain­tiff's picking method - Proper care was taken to provide a reasonably safe place of work and to maintain the ladder - There­fore, negligence was not established and there was no breach of duty - See para­graphs 1 to 40.

Torts - Topic 83

Negligence - Duty of care - Whether the defendant took reasonable care - [See Torts - Topic 38 ].

Torts - Topic 764

Negligence - Farming operations - Oper­ation and maintenance of equipment - [See Torts - Topic 38 ].

Cases Noticed:

Wilsons and Clyde Coal Co. v. English, [1938] A.C. 57 (H.L.), refd to. [para. 34].

Veronneau v. Gregory (1979), 11 B.C.L.R. 121 (S.C.), refd to. [para. 37].

Pearce v. Round Oak Steel Works Ltd., [1969] 1 W.L.R. 595 (C.A.), refd to. [para. 40].

Scott v. Moore (1989), 89 N.S.R.(2d) 47; 227 A.P.R. 47 (T.D.), refd to. [para. 42].

Breau v. Amherst (Town) (1996), 155 N.S.R.(2d) 161; 457 A.P.R. 161 (S.C.), refd to. [para. 48].

MacIntyre v. Beaton (1994), 135 N.S.R.(2d) 11; 386 A.P.R. 11 (S.C.), refd to. [para. 48].

Authors and Works Noticed:

Fleming, John G., The Law of Torts (8th Ed. 1992), pp. 505 [para. 34]; 507 [para. 35]; 508 [para. 36].

Counsel:

Walter Newton, Q.C., for the plaintiff;

Byron G. Balcom, for the defendants.

This action was heard on February 21 and 22, 2000, at Kentville, Nova Scotia, before Stewart, J., of the Nova Scotia Supreme Court, who delivered the following judgment on May 26, 2000.