Favel v. Large, (1989) 97 A.R. 57 (CA)

• Judge: Laycraft, C.J.A., McClung and Hetherington, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: May 12, 1989
• Citations: (1989), 97 A.R. 57 (CA)

Favel v. Large (1989), 97 A.R. 57 (CA)

MLB headnote and full text

Kurt F. Large and Wilfred A. Large (appellants) v. Wilfred Troy Favel, by his next friend, Carolyn Favel and Carolyn Favel (respondents)

(8803-0445-AC)

Indexed As: Favel v. Large

Alberta Court of Appeal

Edmonton Sittings

Laycraft, C.J.A., McClung and Hetherington, JJ.A.

June 7, 1989.

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, in a decision reported 86 A.R. 75, held Favel 75% at fault and Large 25% at fault for the accident and assessed damages accordingly. Large, the truck driver, appealed.

The Alberta Court of Appeal, allowed the appeal holding that the truck driver, Large, was not negligent. In the result the court set aside the judgment given at trial against Large.

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 Appeal held that the truck driver was not negligent, but rather the accident was caused solely by the actions of the boy and his horse.

Statutes Noticed:

Highway Traffic Act, R.S.A. 1980, c. H-7, sect. 180(1) [para. 2]; sect. 181 [para. 3].

Counsel:

F.V. Cox, for the appellants;

E. Crane, for the respondents.

This appeal was heard on May 12, 1989, before Laycraft, C.J.A., McClung and Hetherington, JJ.A., of the Alberta Court of Appeal. The following memorandum of judgment was delivered for the court by Hetherington, J.A., and filed on June 7, 1989.