D'Annibale v. Allen, [1967] N.B. Law News No. 59 (QB)

• Judge: Robichaud, J.
• Case Date: March 01, 1967
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 59 (QB)

D'Annibale v. Allen, [1967] N.B. Law News No. 59 (QB)

MLB Law News

Pietro D'Annibale (plaintiff) v. Donald Clarence Allen (defendant)

(556/65/C; Archives RS48/1965/556)

Indexed As: D'Annibale v. Allen

New Brunswick Supreme Court

Queen's Bench Division

Robichaud, J.

May 15, 1967.

Summary:

Motor Vehicle Accident - Damage Award - Plaintiff held 80% at fault when Plaintiff was following Defendant's auto and Plaintiff failed to reduce speed and collided with rear of Defendant's auto when Defendant reducing speed to stop on shoulder. Held no evidence to show Defendant looked in rear view window before turning car to right and it was Defendant's duty to ascertain such a movement could be made with safety. Plaintiff's damages assessed at $8,000.00 for loss of wages and $30,000.00 general damages for fracture of pelvis causing total disability for 54 weeks resulting in deformed pelvis and complete dislocation of pelvis including sacro-illiac joint. Plaintiff had permanent partial disability causing inability to return to former occupation as carpenter, and curtailment of active participation in sports and other amenities of life. Judgment entered for Plaintiff for $7,751.00, plus 1/5 of costs to be taxed.

Counsel:

B.R. Guss, Q.C., and F.S. Taylor, Q.C., for the plaintiff;

H.E. Ryan, Q.C., for the defendant.

This case was tried at the Saint John Circuit Court on March 1, 1967,  before Robichaud, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on May 11, 1967, and filed them on May 15, 1967.