Hickey v. Doucet, Thornton and Roy, (1981) 33 N.B.R.(2d) 416 (TD)

• Judge: Angers, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: February 10, 1981
• Jurisdiction: New Brunswick
• Citations: (1981), 33 N.B.R.(2d) 416 (TD)

Hickey v. Doucet (1981), 33 N.B.R.(2d) 416 (TD);

    33 R.N.-B.(2e) 416; 80 A.P.R. 416

MLB headnote and full text

Sommaire et texte intégral

Hickey v. Doucet, Thornton and Roy

(B/C/253/80)

Indexed As: Hickey v. Doucet, Thornton and Roy

Répertorié: Hickey v. Doucet, Thornton and Roy

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Bathurst

Angers, J.

February 10, 1981.

Summary:

Résumé:

This headnote contains no summary.

Torts - Topic 578

Negligence - Motor vehicle - Off highway accidents and traffic rules - Parking lots - The New Brunswick Court of Queen's Bench, Trial Division, stated that, while the rules of the road provided by the Motor Vehicle Act, R.S.N.B. 1973, c. M-17, did not apply to parking lots at the time of the accident, the courts have recognized that the ordinary rules of negligence apply to a collision in such places - See paragraph 7.

Torts - Topic 578

Negligence - Motor vehicle - Off highway accidents and traffic rules - Parking lots - The New Brunswick Court of Queen's Bench, Trial Division, held that in view of use of a shopping mall parking lot, the exit lane did not constitute a thoroughfare entitling a driver to an absolute right-of-way - Because of the practice and custom of vehicles crossing over feeder lanes, parking spaces and main lanes, and because there were no other markings on the pavement except lines which were partially erased, the court held that any person using the parking lot had to keep a proper lookout - See paragraph 8.

Torts - Topic 330

Negligence - Motor vehicle - Gratuitous passengers - Application of gross negligence rule - The New Brunswick Court of Queen's Bench, Trial Division, held that a gratuitous passenger must prove gross negligence in order to recover from his driver when the accident does not occur on a highway, as defined in the Motor Vehicle Act, R.S.N.B. 1973, c. M-17, but in a parking lot - See paragraphs 16 to 23.

Torts - Topic 342

Negligence - Motor vehicle - Gratuitous passengers - Driver's negligence imputed to passenger - The plaintiff claimed damages for injuries sustained as a gratuitous passenger in a car driven by the defendant driver, which collided with the vehicle of the other defendant owner and driver - The accident occurred in a parking lot - The New Brunswick Court of Queen's Bench, Trial Division, held the plaintiff's driver to be 75% at fault - The court held that the other defendant driver, having invoked s. 3 of the Contributory Negligence Act, R.S.N.B. 1973, c. C-19, was therefore only liable for 25% of the damages of the plaintiff - See paragraph 24.

Damage Awards - Topic 178

Personal injuries - Neck injuries - Whiplash - The female plaintiff suffered a ligamentous strain at the levels of the cervical vertebrae - She subsequently suffered impairment of a nerve root function in the area of the strain, resulting in loss of feeling and weakness in her right arm - The New Brunswick Court of Queen's Bench, Trial Division, assessed general damages for pain and suffering at $10,000.00 - See paragraph 12.

Interest - Topic 5137

Interest as damages - Torts - Negligence - Personal injuries - The New Brunswick Court of Queen's Bench, Trial Division, awarded damages together with interest at the rate of 5% from the date of the accident to the date of the writ, with respect to special damages except medicare, and at the rate of 10% from the date of the writ to the date of judgment on both general and special damages - See paragraph 24.

Cases Noticed:

Patterson v. MacKenzie (1972), 5 N.B.R.(2d) 176, refd to. [para. 7].

O'Brien v. O'Blenis (1976), 14 N.B.R.(2d) 470; 15 A.P.R. 470, refd to. [para. 7].

James v. Verma (1975), 14 N.S.R.(2d) 142; 11 A.P.R. 142, refd to. [para. 7].

Chenier v. Morin (1958), 15 D.L.R.(2d) 648, refd to. [para. 17].

Verroche v. Russell, [1946] 4 D.L.R. 847, refd to. [para. 17].

Rosentreter v. Fuerst (1957), 10 D.L.R.(2d) 521, refd to. [para. 17].

Hilderman v. Golebiowski (1967), 60 D.L.R.(2d) 139, refd to. [para. 19].

Hudon v. United States Borax and Chemical Corp. et al. (1971), 16 D.L.R.(3d) 578, refd to. [para. 19].

Statutes Noticed:

Motor Vehicle Act, R.S.N.B. 1973, c. M-17, sect. 268 [para. 20].

Contributory Negligence Act, R.S.N.B. 1973, c. C-19 [para. 24].

Counsel:

Michael Gallagher, for the plaintiff;

Julian A.G. Dickson and John Hanson, for the defendants Norma Jean Doucet and William Harold Thornton;

John Barry, Q.C., for the defendant Jeanine Roy.

This case was heard before ANGERS, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Bathurst, at Bathurst, N.B., on January 14, 1981.

The judgment of ANGERS, J., was delivered on February 10, 1981.