Dobson v. Sellen Estate, [1967] N.B. Law News No. 12 (QB)

JudgeBarry, J.
CourtCourt of Queen's Bench of New Brunswick (Canada)
Case DateDecember 12, 1966
JurisdictionNew Brunswick
Citations[1967] N.B. Law News No. 12 (QB)

Dobson v. Sellen Estate, [1967] N.B. Law News No. 12 (QB)

MLB Law News

John F. Dobson and Hattie E. Dobson (plaintiffs) v. The Central Trust Company of Canada, Administrator ad litem of the Estate of William Arthur Sellen (defendant)

(598/55/C; Archives RS48/1966/598)

Indexed As: Dobson v. Sellen Estate

New Brunswick Supreme Court

Queen's Bench Division

Barry, J.

December 12, 1966.

Summary:

Motor Vehicle and Damage Award - Deceased's estate held liable when his vehicle crossed highway and collided head-on with Plaintiff's vehicle. Male Plaintiff, age 57, awarded $9,284.00 special damages, including $500.00 for loss of sales commissions and $1,200.00 for loss of income earned from outside activities; and $7,000.00 general damages for two serious fractures of the lower leg extending into the knee joint (causing considerable pain, suffering and discomfort in treatment) with a limited range of knee movement. Female Plaintiff, age 49, teacher, awarded $5,609.00 special damages which includes $1,891.00 loss of income and $15,000.00 general damages for severe shock, multiple broken bones, fifth, sixth and seventh ribs on left side broken, fractured pelvis on each side, fractured left femur, several fractures in the right ankle, long deep laceration in the left leg, kidney malfunction, much loss of blood, facial lacerations, operations on thigh, much pain, suffering, skin grafts resulting in a permanent partial disability to left leg and right ankle with almost certain arthritis.

Counsel:

D.M. Gillis, Q.C., and J. Turney Jones, for the plaintiffs;

Thomas B. Drummie, for the defendant.

This case was heard at Saint John Circuit on December 12, 1966, before Barry, J., of the New Brunswick Supreme Court, Queen's Bench Division, who released the following decision on December 8, 1966.

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