Hrynchuk v. Fetterly et al., (1995) 101 Man.R.(2d) 51 (QB)

• Judge: Jewers, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: February 21, 1995
• Jurisdiction: Manitoba
• Citations: (1995), 101 Man.R.(2d) 51 (QB)

Hrynchuk v. Fetterly (1995), 101 Man.R.(2d) 51 (QB)

MLB headnote and full text

Donald John Hrynchuk (plaintiff) v. Howard Fetterly, Kenneth Howard Charles Fetterly and Bernice Margaret Lucko, as Executors of the Estate of Howard Fetterly, deceased (defendants)

(Suit No. CI 91-01-55608)

Indexed As: Hrynchuk v. Fetterly et al.

Manitoba Court of Queen's Bench

Jewers, J.

February 21, 1995.

Summary:

The plaintiff sued the defendants for dam­ages for personal injuries suffered in a motor vehicle accident.

The Manitoba Court of Queen's Bench apportioned liability 2/3 against the defen­dant and 1/3 against the plaintiff. The court assessed damages.

Damage Awards - Topic 34

Injury and death - Arm and hand injuries - Fingers - A 57 year old auto mechanic and co-owner of a garage suffered hand, neck and shoulder injuries in a motor vehicle accident - His fractured left little finger was surgically repaired - No hospi­talization, but extensive occupational and physiotherapy required - Finger fused in a straight position, resulting in decreased grip strength and sensitivity to cold - Neck and shoulder pain and soreness continued, possibly permanently - The Manitoba Court of Queen's Bench awarded $25,000 general damages - See paragraphs 19 to 34.

Damage Awards - Topic 57

Injury and death - Body injuries - Shoul­der (incl. rotator cuff) - [See Damage Awards - Topic 34 ].

Damage Awards - Topic 174

Injury and death - Neck injuries - General - [See Damage Awards - Topic 34 ].

Damage Awards - Topic 492

Injury and death - General damage awards - Loss of earning capacity - An auto mechanic and co-owner of a garage, now 57 years old, suffered hand, neck and shoulder injuries in a motor vehicle acci­dent - His left little finger was fused in a straight position, resulting in reduced grip strength - He continued to have neck and shoulder pain together with headaches - He was able to perform his work, but took about twice as long as the recommended repair time - The Manitoba Court of Queen's Bench assessed $35,000 damages for loss of earning capacity - See para­graphs 35 to 43.

Torts - Topic 393

Negligence - Motor vehicle - Standard of care of driver - Circumstances requiring caution or extreme caution - Two vehicles approached a small hill from opposite directions on a narrow section of a gravel road - Both vehicles travelled close to the centre line - The vehicles side swiped each other - The defendant's truck had a long protruding trailer mirror which came in through the driver's open window and injured the plaintiff's left hand - The Manitoba Court of Queen's Bench held that both driver's were negligent for failing to approach the hill with caution - The defendant also failed to use special care to keep well to the right of centre because of the protruding mirror - The court appor­tioned liability 2/3 against the defendant and 1/3 against the plaintiff - See para­graphs 1 to 18.

Cases Noticed:

Baldwin v. Bell, [1933] S.C.R. 1, consd. [para. 12].

Greggor v. Cook et al. (1992), 79 Man.R.(2d) 100 (Q.B.), affd. in part 83 Man.R.(2d) 300; 36 W.A.C. 300 (C.A.), consd. [para. 32].

Arnason and Arnason v. Northway Avi­ation Ltd. and Enzlberger, [1980] 4 W.W.R. 228; 4 Man.R.(2d) 199 (Q.B.), consd. [para. 32].

Pawlak v. Doucette, [1985] 2 W.W.R. 588 (B.C.S.C.), consd. [para. 32].

Bergeron v. Université de Montreal, [1986] R.R.A. 560 (C.S. Que.), consd. [para. 32].

Grandmont and McKeown v. Perron et al. (1994), 96 Man.R.(2d) 1 (Q.B.), consd. [para. 33].

Witman v. Johnson (1990), 67 Man.R.(2d) 289 (Q.B.), consd. [para. 33].

Woods v. Standish (1991), 58 B.C.L.R.(2d) 302 (S.C.), consd. [para. 33].

Counsel:

L.C. Tough and L. Rowswell-McLean, for the plaintiff;

T. Thompson and T. Strutt, for the defen­dant.

This case was heard before Jewers, J., of the Manitoba Court of Queen's Bench, who delivered the following judgment on Febru­ary 21, 1995.