Doyle Estate v. Berry, [1966] N.B. Law News No. 13 (QB)

• Judge: Dickson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: January 26, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 13 (QB)

Doyle Estate v. Berry, [1966] N.B. Law News No. 13 (QB)

MLB Law News

Mary Evelyn Doyle, Administratrix of the Estate of Marion Christina Doyle, deceased (plaintiff) v. David Austin Berry (defendant)

Jacqueline Paget (plaintiff) v. David Austin Berry (defendant)

Kathleen Cavanaugh (plaintiff) v. David Austin Berry (defendant)

(Archives RS48/1965/324)

Indexed As: Doyle Estate v. Berry

New Brunswick Supreme Court

Queen's Bench Division

Dickson, J.

January 26, 1966.

Summary:

Actions by three plaintiffs consolidated. Held, collision attributable to negligence of defendant truck driver in cutting across the road in path of approaching vehicle to enter side road. Administratrix of estate of deceased passenger, who was aged twenty, employed as secretary, and contributed to support of widowed mother and four other minor children, awarded $7,500.00 for pecuniary loss under Fatal Accidents Act. Plaintiff driver, aged twenty-three, also secretary, suffered lacerations to legs fractured ribs and permanent scar on forehead; awarded $3,150.00 general damages. Other female passenger, aged twenty-two, suffered leg lacerations, broken bones in cheek and subsequently obliged to have teeth removed, awarded $2,800.00

Damage Awards - Topic 86

Injury and death - Wrongful death and fatal accidents - Daughter - See paragraph 15.

Damage Awards - Topic 103

Injury and death - Head injuries - Lacerations and abrasions - See paragraph 19.

Damage Awards - Topic 111

Injury and death - Head injuries - Jaw - See paragraph 21.

Torts - Topic 411

Negligence - Motor vehicle - Rules of the road - Making turns - Left turns - See paragraphs 1 to 13.

Counsel:

J. Paul Barry, Q.C., for the plaintiff, Mary Evelyn Doyle;

D.M. Gillis, Q.C., for the plaintiffs, Jacqueline Paget and Kathleen Cavanaugh;

Douglas E. Rice, for the defendant.

This case was heard at Westmorland Circuit on January 25 and 26, 1966, before Dickson, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision orally on January 26, 1966.