Hughson v. Webb and Sun Life Assurance, (1979) 24 A.R. 12 (QB)

• Judge: Bracco, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: July 25, 1979
• Citations: (1979), 24 A.R. 12 (QB)

Hughson v. Webb (1979), 24 A.R. 12 (QB)

MLB headnote and full text

Hughson v. Webb and Sun Life Assurance (third party)

(No. 223011/79)

Indexed As: Hughson v. Webb and Sun Life Assurance

Alberta Court of Queen's Bench

Judicial District of Edmonton

Bracco, J.

July 25, 1979.

Summary:

The plaintiff was struck by the defendant driver while he was lying across a concrete ramp repairing heating coils in a parking garage. The repair work had proceeded for approximately two and one half weeks prior to the accident and the defendant had previously seen men working on several occasions when he drove his car into and out of the parking area.

The Alberta Court of Queen's Bench held the defendant driver 75% at fault for failing to see the plaintiff and held the plaintiff 25% at fault for continuing to work in an area although a supervisor, who acted as a look-out, had left the area and for failure to advise another co-worker to keep a look-out - See paragraphs 6 to 8.

Torts - Topic 362

Negligence - Motor vehicle - Pedestrian and bicyclists - Contributory negligence of - The plaintiff workman was struck by the defendant driver while he was lying across a concrete ramp repairing heating coils in a parking garage - The Alberta Court of Queen's Bench determined the plaintiff to be 25% at fault for continuing to work when it was unsafe to do so - A superior had left the area at the time of the accident, and the plaintiff had failed to advise another co-worker to keep a look-out - See paragraphs 7 and 8.

Torts - Topic 376

Negligence - Motor vehicle - Standard of care of driver - Failure to keep proper look-out - The Alberta Court of Queen's Bench held the defendant driver 75% at fault for failing to see the plaintiff while he was repairing heating coils in a parking garage - See paragraphs 6 and 8.

Damage Awards - Topic 59

Personal injury - Body injuries - Pelvis - The plaintiff suffered a fractured hip, a fractured tail bone and abrasions as a result of being struck by a motor vehicle - The Alberta Court of Queen's Bench assessed general damages in the amount of $7,500.00 - See paragraphs 10 and 11.

Counsel:

R. Langley, for the plaintiff;

J. Weir and P. Belzil, for the defendant;

Mrs. Ruttan, for the third party.

This case was heard before BRACCO, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton.

BRACCO, J., delivered the following judgment: