Greenwood v. Dietz et al., (2005) 261 Sask.R. 25 (QB)

• Judge: Rothery, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 10, 2005
• Jurisdiction: Saskatchewan
• Citations: (2005), 261 Sask.R. 25 (QB);2005 SKQB 15

Greenwood v. Dietz (2005), 261 Sask.R. 25 (QB)

MLB headnote and full text

Temp. Cite: [2005] Sask.R. TBEd. JA.066

Philip Greenwood (plaintiff) v. Donald Dietz and Autotran Manufacturing Ltd. (defendants)

(1993 Q.B. No. 507)

Philip Greenwood (plaintiff) v. Ron Thompson (defendant)

(1993 Q.B. No. 983)

(2005 SKQB 15)

Indexed As: Greenwood v. Dietz et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Rothery, J.

January 10, 2005.

Summary:

The plaintiff was involved in two accidents in a five month period. He brought two actions. The defendant in the first action admitted liability for the accident but disputed the amount of damages. The defendants in the second action denied liability.

The Saskatchewan Court of Queen's Bench held that the plaintiff was solely liable for the second accident. The court assessed damages for the first accident and provisionally assessed damages for the second accident.

Damage Awards - Topic 30

Injury and death - Arm and hand injuries - Hand - The plaintiff was injured in an accident on November 16, 1992 - He had a number of abrasions to his left arm, a small cut to his eyelid, and a large gash on his left hand with fractures at the base of the second and third metacarpals - He underwent surgery to pin the fractures - The pin was later removed - He had a puncture wound to his left elbow and an abrasion over his shoulder - He was discharged from hospital on November 30, 1992 - Afterwards, a corneal laceration to his right eye was discovered - Scarring caused a halo effect in his right eye at night - The Saskatchewan Court of Queen's Bench provisionally assessed general damages of $24,000 for the plaintiff's hand injury and the lacerations to his arm and face, and $30,000 for the eye injury - See paragraphs 55 to 65.

Damage Awards - Topic 108

Injury and death - Head injuries - Headaches - The plaintiff suffered a blow to the left side of his head when he was side-swiped on a bridge in July 1992 - He testified that it caused an immediate headache and that his headaches persisted daily for the first month after the accident and continued intermittently until late October 1992 - He also suffered a neck injury and took six physiotherapy treatments in 1993 - He was diagnosed with "post-traumatic arthralgia and neck pain, both minor" - He failed to follow recommended exercises to strengthen his neck muscles - The Saskatchewan Court of Queen's Bench found that the plaintiff had led an active physical life that was somewhat curtailed by the headaches and neck injuries - The court held that an award of $30,000 general damages would have been appropriate, but reduced it to $25,000 for failure to mitigate - See paragraphs 30 to 43.

Damage Awards - Topic 174

Injury and death - Neck injuries - General - [See Damage Awards - Topic 108 ].

Damage Awards - Topic 227

Injury and death - Eye injuries - Impaired vision - [See Damage Awards - Topic 30 ].

Damage Awards - Topic 233

Injury and death - Eye injuries - Lacerations - [See Damage Awards - Topic 30 ].

Damages - Topic 1011

Mitigation - In tort - Personal injuries - Treatment for - [See Damage Awards - Topic 108 ].

Torts - Topic 276

Negligence - Breach of statute - Requirement that breach caused damage - The defendants' truck was hauling a swather before sunrise, contrary to a Highway and Transportation Act Regulation - The plaintiff's vehicle was travelling in the opposite direction - The plaintiff passed the defendant's truck but the counterbalancing weights of the swather, protruding to the left of the truck, struck the corner of the front windshield, then removed all the support posts of the car on the driver's side - The swather protruded about one foot into the car - The Saskatchewan Court of Queen's Bench held that the defendants were not liable for the accident - While the defendant driver breached the Regulation, the plaintiff caused the collision by crossing over the centre line into the defendants' lane of travel - The statutory breach did not cause the accident - See paragraphs 7 to 37.

Cases Noticed:

Saskatchewan Wheat Pool v. Canada, [1983] 1 S.C.R. 205; 45 N.R. 425, refd to. [para. 34].

Belair v. Thiessen and Thiessen (C.E.) & Sons Ltd. (1983), 29 Sask.R. 224 (Q.B.), refd to. [para. 35].

Gould v. Board of Education of Regina (East) School Division No. 77 et al., [1997] 3 W.W.R. 117; 151 Sask.R. 189 (Q.B.), refd to. [para. 35].

Benko and Primavera v. Eliuk (1991), 95 Sask.R. 161 (Q.B.), refd to. [para. 43].

Hannah v. Saskatchewan Wheat Pool (1982), 24 Sask.R. 252 (Q.B.), refd to. [para. 59].

Moosburger v. Bork et al. (1990), 85 Sask.R. 178 (Q.B.), refd to. [para. 60].

Ivan v. Aoco Ltd. (1980), 1 Sask. R. 198 (Q.B.), revd. (1980), 5 Sask.R. 78 (C.A.), refd to. [para. 65].

Ouellet v. Uranium City Hotel Ltd. and Mercredi (1979), 5 Sask.R. 421, refd to. [para. 65].

Leitz v. Saskatoon Drug and Stationery Co. and T.C. Distributors (1970) Ltd. (1980), 4 Sask.R. 35 (Q.B.), refd to. [para. 65].

Counsel:

P.W. Greenwood, on his own behalf;

R.J. Gibbings, Q.C., for all defendants.

This action was heard by Rothery, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following decision on January 10, 2005.