Haley v. Richardson et al., (1974) 9 N.B.R.(2d) 318 (QB)

• Judge: Stevenson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: April 22, 1974
• Jurisdiction: New Brunswick
• Citations: (1974), 9 N.B.R.(2d) 318 (QB)

Haley v. Richardson (1974), 9 N.B.R.(2d) 318 (QB);

    9 R.N.-B.(2e) 318; 1 A.P.R. 318

MLB headnote and full text

Sommaire et texte intégral

Haley v. Richardson et al.

Indexed As: Haley v. Richardson et al.

Répertorié: Haley v. Richardson et al.

New Brunswick Court of Queen's Bench

Stevenson, J.

May 30, 1974.

Summary:

Résumé:

This case arose out of several claims for damages for personal injuries and death arising out of a motor vehicle accident. The plaintiff Haley, while driving on the right-hand side of a rural highway, was struck head-on by the plaintiff McRae. The defendants Richardson and McKinnon were driving in the same direction as the plaintiff Haley and were overtaking the plaintiff Haley at a point on the road where it was unsafe to do so. The plaintiff McRae drove to the left of the centre of the highway in an attempt to avoid the defendants. The New Brunswick Court of Queen's Bench found that the defendants were driving in a reckless manner, at an excessive speed and that one of the defendants attempted to overtake the plaintiff Haley at a point where the left side of the highway was not visible for a sufficient distance to permit passing in safety. The defendant driver crossed a broken centre line in an attempt to overtake the plaintiff Haley. The Court of Queen's Bench stated that centre line markings on the highways are unreliable and cannot be used to excuse negligence by a driver. The Court of Queen's Bench held that the defendant drivers were negligent and liable to the plaintiffs Haley and McRae - See paragraph 24.

The Court of Queen's Bench held that the plaintiff Haley was contributorily negligent for failing to use an available seat belt. The Court of Queen's Bench stated that there was evidence which showed a causal connection between the failure of the plaintiff Haley to wear the seat belt and the injuries suffered by the plaintiff Haley. The Court of Queen's Bench held that the plaintiff Haley was 20%, contributorily negligent. The plaintiff Haley stated that she was not wearing the seat belt because she had no knowledge that they were available in the car. The Court of Queen's Bench stated that a reasonable person ought to have known of such equipment and its use - see paragraph 35.

Torts - Topic 379

Negligence - Motor vehicle - Standard of care of a driver - Agony of collision - The defendant driver drove to the left of the centre of the highway in an attempt to avoid a collision and collided head-on with the plaintiff's car - The New Brunswick Court of Queen's Bench held that the defendant driver was not negligent in the circumstances - See paragraph 21.

Torts - Topic 427

Negligence - Motor vehicle - Rules of the road - Overtaking - Duty of the overtaking driver - The defendant driver drove to the left of a broken centre line to overtake another car - The New Brunswick Court of Queen's Bench held that the defendant driver was negligent for overtaking another car when the left side of the roadway was not visible for a sufficient distance to permit passing in safety - See paragraphs 18 and 19.

Torts - Topic 346

Negligence - Motor vehicle - Passengers - Contributory negligence of a passenger - Failure of the passenger to use an available seat belt - The New Brunswick Court of Queen's Bench held that the passenger was 20% at fault for failing to wear the seat belt - The Court of Queen's Bench held that the evidence established a causal connection between the passenger's failure to wear the seat belt and the passenger's injuries - See paragraphs 25 to 34.

Torts - Topic 6880

Defences - Knowledge - Whether lack of knowledge by a passenger of available seat belts excused the passenger from any negligence for failing to use the seat belts - The New Brunswick Court of Queen's Bench stated that a reasonable person ought to have known of the availability of such equipment and its use - See paragraph 35.

Evidence - Topic 2284

Judicial notice - Road and highway matters - The New Brunswick Court of Queen's Bench took judicial notice of the fact that centre line markings on highways are not reliable - See paragraph 18.

Damage Awards - Topic 150

Multiple injuries - Fracture of jaw, fracture of kneecap and femur, torn muscles and extensive lacerations resulting in arthritis of the hip and knee - 42 year old female - Permanent partial disability - The New Brunswick Court of Queen's Bench awarded the plaintiff $40,000 general damages for personal injuries - See paragraphs 36 to 41.

Damage Awards - Topic 81

Fatal accidents - General damages for the death of a 52 year old father and husband - The deceased earned approximately $9,000 per annum as the proprietor of a menswear business - The New Brunswick Court of Queen's Bench awarded $23,000 general damages for death for the benefit of a wife and 2 daughters aged 16 and 18 - See paragraphs 45 to 55.

Damage Awards - Topic 87

Fatal accidents - General damages for the death of a 19 year old university student - The New Brunswick Court of Queen's Bench awarded $10,000 general damages for death for the benefit of a mother - See paragraph 58.

Cases Noticed:

R. v. Mackin, ex parte Colter, 1 N.B.R.(2d) 350, [1965] 3 C.C.C. 297, folld. [para. 18].

Heppell v. Irving Oil Co. (1973), 6 N.B.R.(2d) 327, 40 D.L.R.(3d) 476, folld. [para. 26].

Pasternack v. Poulton, [1973] 2 All E.R. 74, folld. [para. 35].

Allain v. Dunn (1960), 45 M.P.R. 89 (N.B.C.A.), folld. [para. 47].

Counsel:

Donald M. Gillis, Q.C., and Rodney J. Gillis, for the plaintiff, Kathleen E. Haley;

G. Fred Nicholson and John P. Barry, for Donald McRae in his own right and as Administrator of the Estate of James Eldon McRae (defendants in the first action) and for Donald Edward McRae and Beatrice Mildred McRae (plaintiffs in the second action);

Leycester D. D'Arcy, Q.C., and M. Barry Roderick, for Lorne Richardson and Dorothy Richardson (defendants in both actions);

G. Melvin Turner, for Michael McKinnon (defendant in both actions).

This case was tried by Stevenson, J., at Saint John, N.B., on March 26, 27 and 28, 1974 and April 22, 1974; oral submissions of counsel were heard by Stevenson, J., in chambers at Saint John, N.B., on April 23, 1974. The judgment of Stevenson, J., was delivered on May 30, 1974.