Deuville v. Reid et al., [1966] N.B. Law News No. 16 (QB)

• Judge: Dickson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: October 06, 1965
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 16 (QB)

Deuville v. Reid, [1966] N.B. Law News No. 16 (QB)

MLB Law News

Richard Edmond Deuville (plaintiff) v. Horace S.  Reid (defendant) and Traders General Insurance Company (third party)

(Archives RS48/1965/305)

Indexed As: Deuville v. Reid et al.

New Brunswick Supreme Court

Queen's Bench Division

Dickson, J.

February 28, 1966.

Summary:

Plaintiff's claim for personal injuries suffered when vehicle in which he was a gratuitous passenger skidded on a patch of ice and struck a bridge abutment dismissed on ground that, even though gross negligence found on part of defendant driver, maxim volenti non fit injuria applicable. Review of Supreme Court of Canada authorities re gross negligence and volenti maxim. Consideration also of the rule ex turpi causa non oritur actio and plea of joint or common enterprise. Assessment of contributory negligence on part of plaintiff at 50% and provisional assessment of general damages at $75,000.00. Plaintiff, a soldier aged twenty-two, married with two children, suffered injury to cervical spinal cord rendering him permanently paralyzed below level of shoulders.

Damage Awards - Topic 67

Injury and death - Body injuries -  Back - Resulting in paralysis - See paragraphs 37 and 38.

Torts - Topic 328

Negligence - Motor vehicle - Gratuitous passengers - What constitutes gross negligence - See paragraphs 1 to 24.

Torts - Topic 6610

Defences - Contributory negligence - Particular cases - Motor vehicle accident - See paragraphs 25 to 37.

Torts - Topic 6726

Defences - Consent - Assumption of risk - Implied consent - Motor vehicle passenger - See paragraphs 25 to 37.

Counsel:

Robert J. Higgins, for the plaintiff;

Lawrence Garvie, for the defendant;

D.M. Gillis, Q.C., for the third party.

This case was heard at Saint John Circuit on October 6, 1965 (Fredericton) and October 15, 1965 (Saint John), before Dickson, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on February 28, 1966.