Hildebrand v. Szalai, (1979) 1 Man.R.(2d) 438 (CA)

JudgeMonnin, Matas and Huband, JJ.A.
CourtCourt of Appeal (Manitoba)
Case DateDecember 11, 1979
JurisdictionManitoba
Citations(1979), 1 Man.R.(2d) 438 (CA)

Hildebrand v. Szalai (1979), 1 Man.R.(2d) 438 (CA)

MLB headnote and full text

Hildebrand v. Szalai

Indexed As: Hildebrand v. Szalai

Manitoba Court of Appeal

Monnin, Matas and Huband, JJ.A.

December 11, 1979.

Summary:

This case arose out of the plaintiff motorcycle rider's action in negligence against the defendant automobile driver for damages for personal injuries resulting from a collision. The plaintiff approached a rural open crossroads and assumed that the defendant driver, who was approaching the intersection from his left, would stop, as he was required by law to do. The defendant did not stop and struck the plaintiff in the intersection.

The Manitoba Court of Queen's Bench in a judgment unreported in this series of reports allowed the plaintiff's action and held the defendant driver wholly at fault. The defendant appealed on the issues of liability and damages.

The Manitoba Court of Appeal dismissed the appeal.

Damage Awards - Topic 150

Personal injuries and death - Multiple injuries - Fracture of lower leg, compound fracture of femur, comminuted colles fracture of wrist, fracture of scapula and fractures of ribs - Major lacerations to both legs - Shoulder separation - Lung contusions - Body lacerations, concussion, shock and dental damage - Long and painful recovery, despite determined efforts by plaintiff - 1.5 inch shortening of one leg - Residual restriction of knee, shoulder and wrist movement - Prospect of arthritis in wrist and knee - Scarring - Disability for semiprofessional hockey and physical education teacher - 24 year old male teacher and athlete - The Manitoba Court of Appeal affirmed an award of $50,000.00 general damages for personal injuries, not including loss of income - See paragraphs 14 to 30.

Torts - Topic 2716

Negligence - Breach of statute - Requirement that breach cause damage - The plaintiff motorcycle rider was injured in a collision with another vehicle - The defendant submitted that fault should be attributed to the plaintiff, because he was not licensed to ride a motorcycle - The Manitoba Court of Appeal held that the plaintiff's lack of a license was not a factor of fault, because it did not affect his risk of injury - See paragraph 8.

Torts - Topic 346

Negligence - Motor vehicle - Passengers and drivers - Contributory negligence - Failure to use safety equipment - The plaintiff motorcycle rider was injured in a collision with another vehicle - The plaintiff was not wearing a helmet or safety clothing - The Manitoba Court of Appeal held that the plaintiff was not contributorily negligent, because failure to wear a helmet or protective clothing did not affect the nature or severity of his injuries - See paragraphs 9 to 13.

Torts - Topic 388

Negligence - Motor vehicle - Standard of care of driver - Anticipation - The plaintiff motorcycle rider approached a rural open crossroads and assumed that the defendant driver, who was approaching the crossroads from his left, would stop, as he was required by law to do - The defendant did not stop and struck the plaintiff in the intersection - The Manitoba Court of Appeal affirmed that the defendant was wholly at fault and held that the plaintiff was not bound to anticipate that the defendant would not stop as required - See paragraphs 4 to 7.

Cases Noticed:

Scheving v. Scott and Scott (1960), 32 W.W.R.(N.S.) 234, appld. [para. 7].

Hilder v. Associated Portland Cement Manufacturers Ltd., [1961] 3 All E.R. 709, appld. [para. 12].

Statutes Noticed:

Highway Traffic Act, R.S.M. 1970, c. H-60, sect. 119 [para. 1].

Authors and Works Noticed:

Fleming, The Law of Torts (4th Ed.), p. 232 [para. 8].

Counsel:

J.M. Scurfield, for the plaintiff/respondent;

W.S. Saranchuk, for the defendant/appellant.

This case was heard November 22, 1979, at Winnipeg, Manitoba, before MONNIN, MATAS and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On December 11, 1979, HUBAND, J.A., delivered the following judgment for the Court of Appeal:

To continue reading

Request your trial
2 practice notes
  • MacDonald v. Alderson and Manitoba, (1981) 8 Man.R.(2d) 202 (QB)
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • 9 Abril 1981
    ...[para. 46]. Swartz Bros. Ltd. et al. v. Wills, [1924] S.C.R. 628; [1935] 3 D.L.R. 277, consd. [para. 56]. Hildebrand v. Szalai (1979), 1 Man.R.(2d) 438, consd. [para. 69]. H. West & Son Ltd. et al. v. Shephard, [1964] A.C. 326, consd. [para. 83]. Andrews et al. v. Grand & Toy Albert......
  • Christensen v. Holohan, (1982) 17 Man.R.(2d) 443 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • 31 Mayo 1982
    ...et al., [1978] 2 S.C.R. 229; 19 N.R. 50; 8 A.R. 182; [1978] 1 W.W.R. 557; 83 D.L.R.(3d) 452, consd. [para. 3]. Hildebrand v. Szalai (1979), 1 Man.R.(2d) 438, consd. [para. K.G. Houston, Q.C., for the appellant; A.J.J. Hogue, for the respondent. This appeal was heard on May 31, 1982, by MONN......
2 cases
  • MacDonald v. Alderson and Manitoba, (1981) 8 Man.R.(2d) 202 (QB)
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • 9 Abril 1981
    ...[para. 46]. Swartz Bros. Ltd. et al. v. Wills, [1924] S.C.R. 628; [1935] 3 D.L.R. 277, consd. [para. 56]. Hildebrand v. Szalai (1979), 1 Man.R.(2d) 438, consd. [para. 69]. H. West & Son Ltd. et al. v. Shephard, [1964] A.C. 326, consd. [para. 83]. Andrews et al. v. Grand & Toy Albert......
  • Christensen v. Holohan, (1982) 17 Man.R.(2d) 443 (CA)
    • Canada
    • Manitoba Court of Appeal (Manitoba)
    • 31 Mayo 1982
    ...et al., [1978] 2 S.C.R. 229; 19 N.R. 50; 8 A.R. 182; [1978] 1 W.W.R. 557; 83 D.L.R.(3d) 452, consd. [para. 3]. Hildebrand v. Szalai (1979), 1 Man.R.(2d) 438, consd. [para. K.G. Houston, Q.C., for the appellant; A.J.J. Hogue, for the respondent. This appeal was heard on May 31, 1982, by MONN......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT