Howell v. Hall et al., (1972) 2 Nfld. & P.E.I.R. 404 (NFSC)

• Judge: Puddester, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: February 18, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 2 Nfld. & P.E.I.R. 404 (NFSC)

Howell v. Hall (1972), 2 Nfld. & P.E.I.R. 404 (NFSC)

MLB headnote and full text

Howell v. Hall et al.

Indexed As: Howell v. Hall et al.

Newfoundland Supreme Court

At Trial

Puddester, J.

February 18, 1972.

Summary:

Action for damages for personal injuries arising out of a motor vehicle accident.

Damage Awards - Topic 103

Injury and death - Head injuries - Lacerations and abrasions - Partial severing of ear - Compound fracture of jaw - Lacerations of head - Contusion and laceration of shoulder - Rib fracture - Necessity for five cosmetic surgical operations to ear - Permanent cosmetic disability - 7 year old male - Newfoundland Supreme Court awarded $8,000.00 general damages.

Torts - Topic 359

Negligence - Motor vehicle, pedestrians and bicyclists - Children on highway and streets - Motor vehicle struck 7 year old child playing at side of street - Driver aware of presence of children - Child chased object into street - Standard of care on driver and child - Newfoundland Supreme Court held driver should have been prepared for emergency - Standard of care on child is care expected of child of like age, intelligence and experience - Trial court held 7 year old child absorbed in play was expected to be inattentive of traffic - Trial court held driver 100% at fault.

Cases Noticed:

Culkin v. McFie & Sons Limited, [1939] 3 All E.R. 613, appld.

Joval v. Barsby (1966), 55 D.L.R.(2d) 38, appld.

Bryenton et al. v. Ralph Burrows Motors Limited & Tonkin, [1946] 3 W.W.R. 1, dist.

Whitehouse et al. v. Fearnley (1964) 47 D.L.R.(2d) 472, dist.

Counsel:

Thomas J. O'Reilly, for the plaintiff;

David L. Russell, for the defendants.