Hannah v. Pollard, (1991) 91 Sask.R. 67 (QB)

• Judge: Goldenberg, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 17, 1991
• Jurisdiction: Saskatchewan
• Citations: (1991), 91 Sask.R. 67 (QB)

Hannah v. Pollard (1991), 91 Sask.R. 67 (QB)

MLB headnote and full text

Richard Hannah (plaintiff) v. Wayne Pollard (defendant)

(No. 579 A.D. 1987)

Indexed As: Hannah v. Pollard

Saskatchewan Court of Queen's Bench

Judicial Centre of Battleford

Goldenberg, J.

January 17, 1991.

Summary:

The plaintiff hitchhiker sued the defendant driver for damages for personal injuries suffered when he was struck by the defendant's truck while walking on the shoulder of the highway.

The Saskatchewan Court of Queen's Bench held that the defendant was negligent and 75% at fault, while the hitchhiker was also negligent and 25% at fault. The court assessed the hitchhiker's damages according­ly.

Damage Awards - Topic 128

Injury and death - Leg injuries - Foot - Heel - 29 year old male plaintiff - Oblique fracture of the distal third of left tibia and fibula - Fracture of the ipsilateral calcaneus - Fracture of right ulnar styloid - Continuous pain for five months - Fif­teen days' hospitaliz­ation - Surgery required - Developed infection from pins inserted in his leg - Left with permanent limp, difficulty in walking on uneven ground or in stepping on objects - At risk of osteoarthritis - Must wear special work boot - Heel still causing pain - Fusion operation possible - The Saskatchewan Court of Queen's Bench assessed the plaintiff's general damages for non­pecuniary loss at $40,000 - See paragraphs 32 to 43.

Damage Awards - Topic 129

Injury and death - Leg injuries - Fibula or tibia - [See Damage Awards - Topic 128 ].

Evidence - Topic 2284

Judicial notice - Road and highway mat­ters - The Saskatchewan Court of Queen's Bench took judicial notice of the fact that in Saskatchewan people hitchhike on the highway shoulder - See paragraph 28.

Interest - Topic 5137

As damages (prejudgment interest) - Torts - Negligence - Personal injuries - The Saskatchewan Court of Queen's Bench held that prejudgment interest was not allowed on nonpecuniary damages, as s. 5(1) of the Pre-judgment Interest Act was ambiguous - See paragraphs 58 to 67.

Torts - Topic 277

Negligence - Breach of statute - Effect of - The Saskatchewan Court of Queen's Bench stated that breach of a statute was not prima facie negligence, or negligence per se, but it could be considered by the court as evidence of negligence - See paragraph 27.

Torts - Topic 352

Negligence - Motor vehicle - Pedestrians and bicyclists - On highway - Hitchhikers - A hitchhiker in dark clothing was walk­ing after 10 p.m. two or three feet onto the shoulder of the highway in the same direction as traffic, when struck by a car which was partly on the shoulder - The Saskatchewan Court of Queen's Bench held that the car driver was negligent and 75% at fault for failing to keep a proper lookout - The hitchhiker was also negligent and 25% at fault - See paragraphs 22 to 31.

Torts - Topic 376

Negligence - Motor vehicle - Standard of care of driver - Keeping a proper lookout - [See Torts - Topic 352 ].

Cases Noticed:

Hill v. Hill (1990), 88 Sask.R. 170, refd to. [para. 9].

Linwall v. Elias (1985), 39 Sask.R. 107, refd to. [para. 24].

Stanley v. National Fruit Company, [1931] S.C.R. 60, refd to. [para. 25].

Saskatchewan Wheat Pool v. Government of Canada, [1983] 1 S.C.R. 205; 45 N.R. 425, refd to. [para. 27].

Dagenais v. Glombowski (1987), 56 Sask.R. 60, refd to. [para. 55].

Dickens et al. v. Thompson (1990), 81 Sask.R. 133, not folld. [para. 59].

Fox v. Board of Education of Regina School Division No. 4 et al. (1989), 77 Sask.R. 241, not folld. [para. 59].

Bunce v. Flick et al. (1989), 82 Sask.R. 311, not folld. [para. 59].

Legault v. Jackson (1989), 78 Sask.R. 171, not folld. [para. 59].

Moosburger v. Bork et al. (1990), 85 Sask.R. 178, not folld. [para. 59].

Fischer v. Fiesel et al. (1990), 85 Sask.R. 174, not folld. [para. 59].

Ochitwa v. Ochitwa (1990), 88 Sask.R. 132, not folld. [para. 59].

Bisheimer et al. v. Bryce et al., [1990] 3 W.W.R. 213; 82 Sask.R. 111, folld. [para. 61].

Lowe v. Marshall (1990), 83 Sask.R. 173, folld. [para. 61].

Horseshoe Creek Farms Ltd. v. Sterling Structures Co. Ltd. et al. (1982), 15 Sask.R. 57 (C.A.), refd to. [para. 64].

R. v. Wolverine and Bernard, [1987] 3 W.W.R. 475; 59 Sask.R. 22, appld. [para. 66].

Statutes Noticed:

Contributory Negligence Act, R.S.S. 1978, c. C-31, sect. 2(1) [para. 31].

Highway Traffic Act, S.S. 1986, c. H-3.1, sect. 54(5) [para. 26]; sect. 87(1) [para. 22].

Prejudgment Interest Act, S.S. 1984-85-86, c. P-22.2, sect. 2(c) [para. 62]; sect. 5(1) [paras. 62-63, 67]; sect. 5(2), sect. 6(1) [para. 62].

Authors and Works Noticed:

Craies on Statute Law (7th Ed.), pp. 117-122 [para. 65].

Maxwell on Interpretation of Statutes (12th Ed.), p. 116 [para. 65].

Counsel:

D.F. Revering, for the plaintiff;

G.D. Young, for the defendant.

This action was heard before Goldenberg, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Battleford, whose decision was delivered on January 17, 1991.