Forlano v. Lane, (1981) 65 A.R. 156 (CA)

• Judge: Clement, McClung and Belzil, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: October 08, 1981
• Citations: (1981), 65 A.R. 156 (CA)

Forlano v. Lane (1981), 65 A.R. 156 (CA)

MLB headnote and full text

Forlano and Forlano v. Lane and Lane

(No. 12872)

Indexed As: Forlano v. Lane

Alberta Court of Appeal

Clement, McClung and Belzil, JJ.A.

October 8, 1981.

Summary:

The plaintiff husband and wife brought a negligence action for damages against the defendants for injuries suffered in a motor vehicle accident.

The Alberta Court of Queen's Bench, in a judgment reported (1980), 19 A.R. 58, allowed the action. The defendants appealed the damages awarded and the trial judge's finding that the plaintiff wife was not contributorily negligent.

The Alberta Court of Appeal allowed the appeal in part. The court affirmed that the wife was not contributorily negligent, but reduced the damages awarded.

This case is being published at this late date at the request of a subscriber.

Damage Awards - Topic 150

Personal injuries and death - Multiple injuries - Fractured fibula, nose and sacrum - Shattered pelvis - Concussion - Lacerated lip - Traumatic shock - Slow recovery associated with pneumonia, heart problems, urinary infection, gastric intolerance to drugs, aggravated high blood pressure, insomnia and moderate permanent disability in the sacroiliac area - Middle aged housewife - The Alberta Court of Queen's Bench awarded the plaintiff $45,000.00 general damages for pain and suffering, future degenerative fracture changes, loss of amenities and enjoyment of life, emotional problems, personality changes, impaired sexual relations and 10% disability of total body functions - The Alberta Court of Appeal reduced the damages to $25,000.00.

Damage Awards - Topic 585

Personal injuries and death - Torts affecting third parties - Loss of consortium - A wife received multiple injuries - Sexual relations with her 56 year old husband were impossible for approximately eight months and would be impaired indefinitely - The Alberta Court of Queen's Bench awarded the husband $5,000.00 general damages for loss of consortium - The Alberta Court of Appeal reduced the damages to $2,000.00.

Damages - Topic 1256

Losses by third parties - Loss of consortium - General principles - A wife received multiple injuries - Sexual relations with her 56 year old husband were impossible for approximately eight months and would be impaired indefinitely - The husband claimed damages for loss of consortium - The Alberta Court of Queen's Bench awarded the husband $5,000.00 general damages - The Alberta Court of Appeal reduced the damages to $2,000.00.

Cases Noticed:

Woelk v. Halverson (1981), 33 N.R. 232; 114 D.L.R.(3d) 385 (S.C.C.), refd to. [para. 2].

Grand & Toy (Alberta) Ltd., [1978] 2 S.C.R. 299; 19 N.R. 50; 8 A.R. 182; [1978] 1 W.W.R. 557; 83 D.L.R.(3d) 452, refd to. [para. 2].

Carpenter v. Chenery (1977), 6 A.R. 616, refd to. [para. 2].

Counsel:

E.S. Pipella, and M.B. Warren, for the respondents;

M.J. Kelly, for the appellants.

This case is being published at this late date at the request of a subscriber.</P>

This appeal was heard on October 8, 1981, before Clement, McClung and Belzil, JJ.A., of the Alberta Court of Appeal.

On October 8, 1981, Clement, J.A., delivered the following judgment orally for the Court of Appeal: