Dvorkin v. Bernier and Bernier, (1983) 51 A.R. 231 (QB)

• Judge: Foisy, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: September 22, 1983
• Citations: (1983), 51 A.R. 231 (QB)

Dvorkin v. Bernier (1983), 51 A.R. 231 (QB)

MLB headnote and full text

Dvorkin v. Bernier and Bernier

(No. 8103-25314)

Indexed As: Dvorkin v. Bernier and Bernier

Alberta Court of Queen's Bench

Judicial District of Edmonton

Foisy, J.

September 22, 1983.

Summary:

The plaintiff brought a negligence action against a motor vehicle driver and owner for damages for injuries suffered in a motor vehicle accident. The defendants admitted liability. The Alberta Court of Queen's Bench assessed damages.

Damage Awards - Topic 150

Injury and death - Multiple injuries - A man suffered multiple facial lacerations, a basal skull fracture, a mild neck sprain, back pains, a fractured right distal radius, a bruised right knee, a contusion to the right hand, and required dental work to repair six teeth - The Alberta Court of Queen's Bench awarded $35,000 general damages for nonpecuniary loss (including loss of future income) - See paragraphs 1 to 35.

Damages - Topic 1746

Deductions for payments or assistance by third parties - Contractually - Insurance - Accident and sickness benefits - The plaintiff was injured in a motor vehicle accident and received payments under a disability insurance plan - The plaintiff's employer paid the premiums and there was no evidence of employee contributions - The Alberta Court of Queen's Bench held that the payments were not deductible from damages awarded in a negligence action - See paragraph 33.

Torts - Topic 346

Negligence - Motor vehicles - Passengers - Contributory negligence of driver or passenger - Failure to wear seat belt - The Alberta Court of Queen's Bench held that proof that a plaintiff in a motor vehicle accident suffered greater injuries because he failed to wear a seat belt was not sufficient to constitute contributory negligence; the defendant also had to prove that a reasonable man would have had his seat belt fastened prior to the accident - See paragraphs 36 to 40.

Cases Noticed:

Henderson v. Vaillancourt (1979), 13 A.R. 345, folld. [para. 33].

Andrews v. Simm (1970), 73 W.W.R.(N.S.) 263, refd to. [para. 39].

Rhodes v. Short & Short (1981), 24 A.R. 92, folld. [para. 39].

Genick v. Ewanylo, [1980] 6 W.W.R. 158; 3 Man.R.(2d) 317, refd to. [para. 39].

Counsel:

B. Schepanovich, for the plaintiff;

W.S. Sowa, for the defendant.

This action was heard before Foisy, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment orally on September 22, 1983: