Garrett et al. v. Triebwasser et al., (1976) 1 A.R. 541 (TD)

• Judge: Belzil, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 09, 1976
• Citations: (1976), 1 A.R. 541 (TD)

Garrett v. Triebwasser (1976), 1 A.R. 541 (TD)

MLB headnote and full text

Garrett et al. v. Triebwasser et al.

Indexed As: Garrett et al. v. Triebwasser et al.

Alberta Supreme Court

Trial Division

Judicial District of Edmonton

Belzil, J.

November 9, 1976.

Summary:

This case arose out of the plaintiffs' claim in negligence against the defendants for damages arising out of a motor vehicle collision. The plaintiff driver's automobile and travel trailer were unable to ascend an extremely icy hill on the highway. The highway was divided into an outside downhill lane, an uphill lane on the outside and a middle lane solely for the purpose of uphill passing traffic. The plaintiffs' vehicle stopped mainly in the uphill lane, but also partially in the middle passing lane. The defendant oncoming driver in the downhill lane was driving too fast and lost control of his vehicle when he applied the brakes upon seeing the plaintiffs' stranded vehicle and collided with the plaintiffs' vehicle. The plaintiffs brought an action against the defendants in negligence for damages. The Trial Division allowed the action and held the defendant driver wholly at fault in driving too fast in the circumstances.

Damage Awards - Topic 59

Personal injuries and death - Body injuries - Fracture of pelvis - Undisplaced fracture of both anterior rami with no joint involvement - Residual pain for six months and permanent weakness resulting - Loss of amenities of life - Woman, aged 67 - The Alberta Supreme Court, Trial Division, awarded the plaintiff $5,000.00 general damages for personal injuries - See paragraphs 26 to 30.

Damage Awards - Topic 107

Personal injuries and death - Head injuries - Blow to head causing fleeting unconsciousness - Residual headaches for three years - Bruised shoulder, chest, leg and finger and cervical sprain - Married nurse, aged 46 - The Alberta Supreme Court, Trial Division, awarded the plaintiff $2,500.00 general damages for personal injuries, not including loss of income - See paragraphs 24 to 25.

Damage Awards - Topic 130

Personal injuries and death - Leg injuries - Knee injury - Sprain of ligaments and tearing of medial meniscus of knee - Surgical repair of knee required - Four months recuperation - Complete recovery - Middleaged male teacher - The Alberta Supreme Court, Trial Division, awarded the plaintiff $4,000.00 general damages for personal injuries, not including loss of income - See paragraphs 22 to 23.

Torts - Topic 276

Negligence - Breach of statute - Whether breach of statute was a cause of accident - The plaintiff's auto mobile and travel trailer were unable to ascend an icy hill on the highway and stopped partially in the passing lane limited to uphill traffic in breach of section 103(1) of the Highway Traffic Act, R.S.A. 1970, c. 169 - The plaintiff's vehicle was struck by the defendant's oncoming vehicle - The Alberta Supreme Court, Trial Division, held that the plaintiff's technical contravention of s. 103(1) was not a cause of the accident - See paragraphs 19 to 21.

Torts - Topic 462

Negligence - Motor vehicle - Speed - Where reduced speed required - Road conditions - The plaintiff's auto mobile and travel trailer were unable to ascend an icy hill on the highway and stopped partially in the passing lane limited to uphill traffic - The plaintiff's vehicle was struck by the defendant's oncoming vehicle, which went out of control when the defendant applied the brakes upon seeing the plaintiff's stranded vehicle - The Alberta Supreme Court, Trial Division, held that the defendant driver was driving too fast for the dangerous conditions and was wholly at fault - See paragraphs 1 to 11.

Torts - Topic 505

Negligence - Motor vehicle - Stopping on highway - Warning of disabled vehicle - The plaintiff's automobile and travel trailer were unable to ascend an icy hill on the highway at night and stopped partially in the passing lane limited to uphill traffic - The plaintiff's vehicle was struck by the defendant's oncoming vehicle - The Alberta Supreme Court, Trial Division, held that the plaintiff had a duty to warn users of the uphill lanes, but no duty to warn traffic coming in the opposite direction, because he did not obstruct the lane of oncoming traffic - See paragraph 12.

Torts - Topic 644

Negligence - Motor vehicle - Traffic control devices - Highway lane dividing lines - Location of center line when line not visible - On a hill the highway was divided into one downhill lane, an uphill lane on the outside and a middle lane solely for the purpose of uphill passing traffic - The lines were not visible because of snow and ice - It was argued that in the circumstances the center line of the highway was the actual physical center - The Alberta Supreme Court, Trial Division, held that the combined effect of the definitions of "center lines" in the Highway Traffic Act, R.S.A. 1970, c. 169, s. 2(4), "traffic control device" in s. 2(29) and "traffic lane" in s. 2(31) was to provide that the line dividing the downhill lane and the uphill lane was the center line of the highway, whether or not the painted lines dividing the lanes were visible - See paragraphs 13 to 18.

Statutes Noticed:

Highway Traffic Act, R.S.A. 1970, c. 169, sect. 2(4) [para. 15]; sect. 2(29) [para. 16]; sect. 2(31) [para. 17]; sect. 100(1) [para. 14].

Counsel:

H.H. Durocher, for Glen, Alice, Melody and Diane Triebwasser;

R.E. Hyde, Q.C., for Glen Triebwasser;

M. Berzins, for Denzil and Cynthia Garrett, Irene Thompson and Denzil Garrett.

This case was heard at Edmonton, Alberta, before BELZIL, J., of the Alberta Supreme Court, Trial Division, Judicial District of Edmonton.

On November 9, 1976, BELZIL, J., delivered the following judgment: