Favel v. Large, (1988) 86 A.R. 75 (QB)

• Judge: Picard, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 23, 1988
• Citations: (1988), 86 A.R. 75 (QB)

Favel v. Large (1988), 86 A.R. 75 (QB)

MLB headnote and full text

Wilfred Troy Favel, by his next friend, Carolyn Favel and Carolyn Favel (plaintiffs) v. Kurt R. Large and Wilfred A. Large (defendants) and Carolyn Favel and Allen Favel and Henry Favel (third parties)

(No. 8303 27978)

Indexed As: Favel v. Large

Alberta Court of Queen's Bench

Judicial District of Edmonton

Picard, J.

February 23, 1988.

Summary:

A 12 year old boy (Favel) suffered a broken leg when a horse he was riding was struck by a truck driven by the defendant (Large). Favel commenced an action in negligence for damages against Large. The Alberta Court of Queen's Bench held Favel 75% at fault and Large 25% at fault for the accident and assessed damages accordingly.

Damage Awards - Topic 133

Leg injuries - Multiple leg fractures - A 12 year old boy fractured his leg when the horse he was riding was struck by a truck - Fractured right femur and tibia fibula - Surgery to have pin inserted, then cast for six to eight weeks - Hospitalized two months - Residual disability - Loss of limb length which affected his gait - Some pain, loss of strength and fatigue - Possible arthritis and future surgery - Activities restricted - The Alberta Court of Queen's Bench assessed general damages of $50,000, including an amount to reflect the effect the injury had on the boy's earning capacity - See paragraphs 23 to 38.

Torts - Topic 49.15

Negligence - Standard of care - Horseback riders - A 12 year old boy and his friend were racing bareback on horses on the edge of a narrow gravel road - The boy was not paying attention to the road - The horse veered into the path of an oncoming truck and was struck - The Alberta Court of Queen's Bench held the boy 75% at fault for not paying attention to the road and the truck driver 25% at fault for driving too fast for the road conditions and circumstances - See paragraphs 1 to 22.

Torts - Topic 451

Negligence - Motor vehicles - Speed - Excessive speed - [See Torts - Topic 49.15 above].

Cases Noticed:

Tracey v. Van Loon et al. (1986), 72 A.R. 311; 47 Alta. L.R.(2d) 327, appld. [paras. 12, 13].

Lillos v. Tilden Rent-A-Car Co. et al. (1987), 80 A.R. 32, folld. [paras. 35, 36].

Heisler v. Moke (1971), 25 D.L.R.(3d) 670 (Ont. H.C.), refd to. [para. 20].

MacLean and Luzny et al. v. Lyle Walker Construction Ltd. et al. (1983), 48 A.R. 305 (Q.B.), folld. [paras. 35, 36].

Statutes Noticed:

Highway Traffic Act, R.S.A. 1980, c. H-7, sect. 76(1), sect. 151 [para. 11]; sect. 180(1) [paras. 11, 12].

Counsel:

E. Crane (Doz & Crane) for the plaintiffs;

F.V. Cox (Chatwin Belzil), for the defendants.

This case was heard before Picard, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following decision on February 23, 1988: