Debly v. Bowland et al., (2000) 232 N.B.R.(2d) 378 (TD)

• Judge: McLellan, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: December 11, 2000
• Jurisdiction: New Brunswick
• Citations: (2000), 232 N.B.R.(2d) 378 (TD)

Debly v. Bowland (2000), 232 N.B.R.(2d) 378 (TD);

    232 R.N.-B.(2e) 378; 598 A.P.R. 378

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Temp. Cite: [2001] N.B.R.(2d) TBEd. JA.014

Habib Debly (plaintiff) v. James Bowland and the City of Saint John (defendants)

(S/C/1154/97)

Indexed As: Debly v. Bowland et al.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Saint John

McLellan, J.

December 11, 2000.

Summary:

The plaintiff, a self-employed mechanic and body shop operator, sued for damages for a whiplash injury sustained in a motor vehicle accident. Liability was admitted. At issue was the quantum of damages.

The New Brunswick Court of Queen's Bench, Trial Division, awarded, inter alia, $30,000 general damages and $75,000 for diminution of earning capacity.

Damage Awards - Topic 11

Injury and death - General - Continuing pain (incl. fibromyalgia, myofascial and chronic pain syndrome) - [See Damage Awards - Topic 178 ].

Damage Awards - Topic 178

Injury and death - Neck injuries - Whiplash - The plaintiff sued for damages for a whiplash injury sustained in a motor vehicle accident - He was a self-employed mechanic and a body shop operator - His business consisted of general welding and automotive body work and antique Volkswagen restoration and parts supply - He worked between 80 and 100 hours a week - His work satisfied a passion - He developed chronic pain syndrome - He had to give up his dream job - His business was now much less profitable - He had not yet seriously attempted to find alternative employment - The New Brunswick Court of Queen's Bench, Trial Division, awarded, inter alia, $30,000 general damages and $75,000 for diminution of earning capacity.

Damage Awards - Topic 492

Injury and death - General damage awards - Loss of earning capacity - [See Damage Awards - Topic 178 ].

Cases Noticed:

Scott v. Renton et al. (1999), 215 N.B.R.(2d) 263; 551 A.P.R. 263 (C.A.), refd to. [para. 29].

Cooper v. McLeod (1996), 178 N.B.R.(2d) 276; 454 A.P.R. 276 (C.A.), refd to. [para. 31].

Counsel:

Timothy M. Collins, for the plaintiff;

J.C. Marc Richard, for the defendant.

This matter was heard on November 23, 24 and 27, 2000, by McLellan, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Saint John, who delivered the following decision on December 11, 2000.