Girard v. Leroux, [1966] N.B. Law News No. 56 (QB)

• Judge: Anglin, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: March 12, 1965
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 56 (QB)

Girard v. Leroux, [1966] N.B. Law News No. 56 (QB)

MLB Law News

Michel Girard, Administrator of the Estate of Roland Girard, deceased (plaintiff) v. Roger Leroux (defendant)

And by Consolidation Maurice Ruest, an infant by his next friend, Delia Ruest (plaintiff) v. Roger Leroux (defendant)

(Archives RS48/1964/689; 56/65/C; 689/64/C)

Indexed As: Girard v. Leroux

New Brunswick Supreme Court

Queen's Bench Division

Anglin, J.

August 17, 1966.

Summary:

Motor Vehicle Death Claim - Defendant held negligent for striking Plaintiff, a pedestrian, during a severe snow storm, for not taking reasonable care for pedestrians who might reasonably be using highway in village during storm and for excessive speed under the circumstances. Plaintiff, Ruest, awarded $15,000. general damages -- details not set out. Estate of another pedestrian, who was killed, awarded $5,000. general damages under Fatal Accidents Act for 16 year old male who had left school, doing house hold chores and about to become employed. Court refers to McGee v. Smith (1964), 48 D.L.R. 2nd A 476 in N.B. Court of Appeal "the performance of usual household chores by a child, including the care and supervision of children, confers a pecuniary advantage on the parents." Also, Estate awarded $580. special damages under Fatal Accidents Act and claim under Survival of Actions Act dismissed because deceased pedestrian unconscious after accident.

Damage Awards - Topic 87

Injury and death - Wrongful death and fatal accidents - Son - See paragraphs 20 to 30.

Damage Awards - Topic 127

Injury and death - Leg injuries - Femur - See paragraphs 15 to 19.

Torts - Topic 352

Negligence - Motor vehicle - Pedestrians and bicyclists - On highway - See paragraphs 1 to 15.

Torts - Topic 377

Negligence - Motor vehicle - Standard of care of driver - Visibility reduced - See paragraphs 1 to 15.

Counsel:

Robert C. Rice, for the Estate of Roland Girard;

C.A. Dionne, for the plaintiff, Ruest;

P.E. Pelletier, Q.C. for the defendant, Leroux.

This case was tried in the Madawaska County Circuit Court at Edmundston, N.B., on March 12, 1965, by Anglin, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on August 17, 1966.