Kozina v. Lajoie and Calgary (City), (1990) 103 A.R. 55 (QB)

• Judge: Dixon, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 26, 1990
• Citations: (1990), 103 A.R. 55 (QB)

Kozina v. Lajoie (1990), 103 A.R. 55 (QB)

MLB headnote and full text

Filomina Kozina (plaintiff) v. Jacques Lajoie and The City of Calgary (defendants)

(No. 8301-06124)

Indexed As: Kozina v. Lajoie and Calgary (City)

Alberta Court of Queen's Bench

Judicial District of Calgary

Dixon, J.

January 26, 1990.

Summary:

The plaintiff was injured in a motor vehicle accident. She commenced a negligence action for damages against the defendants.

The Alberta Court of Queen's Bench allowed the action, apportioned liability, and assessed damages accordingly.

Damage Awards - Topic 150

Injury and death - Multiple injuries - General - A 51 year old female was injured in a motor vehicle accident - Hospitalized one month, with nine days in intensive care - Concussion - Cervical sprain - Contusions to dorsal and lumbar spine - Fractured ribs and clavical - Plaintiff very seriously emotionally and physically affected by accident - Life style deteriorated markedly - Continuing pain and suffering - The Alberta Court of Queen's Bench assessed $75,000 nonpecuniary general damages - See paragraphs 25 to 39.

Municipal Law - Topic 1723

Municipalities - Liability of - Highway and streets - Traffic control - General - Two vehicles collided in an intersection where the traffic lights were not working - The city sign crew took over two hours to put up temporary stop signs - The accident occurred while the stop signs were being put up - The lights were repaired three hours after the trouble was first reported - The Alberta Court of Queen's Bench held that the City of Calgary was negligent in failing to provide adequate and timely signage and was one-third responsible for the accident - See paragraphs 1 to 23.

Municipal Law - Topic 1731

Municipalities - Liability of - High ways and streets - Dangerous highway conditions - Warning of danger - [See Municipal Law - Topic 1723].

Police - Topic 2203

Duties - General duties - To provide assistance - Traffic lights at a major intersection in the City of Calgary were not working for three hours - Two accidents occurred - No police assistance was given for directing traffic - The Alberta Court of Queen's Bench opined that the City of Calgary Police Commission was liable for neglect of duty - See paragraph 24.

Torts - Topic 415

Negligence - Motor vehicles - Rules of the road - Right of way - General - Two vehicles collided in an intersection where the traffic lights were not working - The plaintiff approached the intersection from an offramp and the defendant approached on a main road, both at the same time - The Alberta Court of Queen's Bench held that pursuant to s. 95(1) of the Highway Traffic Act the plaintiff (i.e. the vehicle on the left) had the right of way, notwithstanding that she was entering the intersection from an off ramp - The court however held the plaintiff one-third at fault for the accident because she should have seen the traffic in the intersection - The court also apportioned liability one-third on the City of Calgary for failing to provide adequate and timely temporary signage and the other one-third on the defendant.

Torts - Topic 435

Negligence - Motor vehicles - Intersections - General - [See Torts - Topic 415].

Cases Noticed:

Caratozzolo v. Murdock, Ewatski and City of Edmonton, 47 A.R. 394, refd to. [para. 24].

Tiedemann v. Rhodes Estate, 56 Alta. L.R.(2d) 134, refd to. [para. 39].

Marx v. Monteith, 62 A.R. 237, refd to. [para. 39].

Statutes Noticed:

City of Calgary Bylaws, Bylaw No. 12M80, preamble [para. 11]; sect. 2(b), sect. 2(e), sect. 2(i) [para. 12]; sect. 3 [para. 13]; Bylaw No. 40M80, sect. 3 [para. 24].

Highway Traffic Act, R.S.A. 1980, c. H-7, sect. 67(1) [para. 24]; sect. 95(1) [paras. 8, 9]; sect. 97 [paras. 8, 10, 15]; sect. 97(2)(a) [para. 14]; sect. 99 [paras. 10, 15].

Counsel:

M.J. Dorchik, for the plaintiff;

M.J. Kelly, for the defendant, Jacques Lajoie;

A.A. Abougoush, Q.C., and A.R. Cunningham, for the City of Calgary.

This case was heard before Dixon, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following decision on January 26, 1990.