Godin v. Premier Salon International Inc. et al., (2000) 227 N.B.R.(2d) 195 (CA)

• Judge: Turnbull, Drapeau and Larlee, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: May 11, 2000
• Jurisdiction: New Brunswick
• Citations: (2000), 227 N.B.R.(2d) 195 (CA)

Godin v. Premier Salon Intl. Inc. (2000), 227 N.B.R.(2d) 195 (CA);

    227 R.N.-B.(2e) 195; 583 A.P.R. 195

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Temp. Cite: [2000] N.B.R.(2d) TBEd. MY.049

Corinne Godin (plaintiff/appellant) v. Premier Salon International Inc., Magicuts Hair Salon Inc. and Gaëtanne Thériault (defendants/respondents)

(248/99/CA)

Indexed As: Godin v. Premier Salon International Inc. et al.

New Brunswick Court of Appeal

Turnbull, Drapeau and Larlee, JJ.A.

May 25, 2000.

Summary:

The plaintiff lost her footing and fell to the floor as she was leaving her hair­dresser's chair. She alleged that her fall was caused by electrical cords around the chair. She brought a negligence action for damages against the hairdresser.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported 219 N.B.R.(2d) 305; 561 A.P.R. 305, dis­missed the plaintiff's action. The plaintiff appealed.

The New Brunswick Court of Appeal dismissed the appeal.

Torts - Topic 61

Negligence - Causation - Causal connec­tion - The plaintiff lost her footing and fell to the floor as she was leaving her hair­dresser's chair - She alleged that her fall was caused by electrical cords around the chair - She brought a negligence action against the hairdresser - The hair­dresser testified that she had not been impeded by any electrical cords as she worked around the chair and that none of the implements attached to the cords had been displaced by the incident - The salon manager testified that there were no cords near the plaintiff after she fell and that she might have caught her foot on the foot bar of the chair - The trial judge dis­missed the plaintiff's action - The plaintiff failed to establish that it was more likely than not that her fall was caused by the presence of electri­cal cords around her chair - The plaintiff appealed - The New Brunswick Court of Appeal dismissed the appeal.

Cases Noticed:

Young v. Fletcher and Lakeburn Lumber Retail Ltd. (1995), 161 N.B.R.(2d) 116; 414 A.P.R. 116 (C.A.), refd to. [para. 3].

Friolet v. Friolet (1998), 201 N.B.R.(2d) 118; 514 A.P.R. 118 (C.A.), refd to. [para. 3].

Gallant v. Thibodeau (1998), 206 N.B.R.(2d) 336; 526 A.P.R. 336 (C.A.), refd to. [para. 3].

Gauthier v. Canada (Attorney General) (2000), 225 N.B.R.(2d) 211; 578 A.P.R. 211 (C.A.), refd to. [para. 3].

Counsel:

Terrence P. Lenihan, for the appellant;

Craig J. Carleton, for the respondents.

This appeal was heard on May 11, 2000, before Turnbull, Drapeau and Larlee, JJ.A., of the New Brunswick Court of Appeal. The following decision was delivered by the court on May 25, 2000.