Lanteigne v. Mazerolle, (1979) 27 N.B.R.(2d) 52 (QB)

• Judge: Jean, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: July 25, 1979
• Jurisdiction: New Brunswick
• Citations: (1979), 27 N.B.R.(2d) 52 (QB)

Lanteigne v. Mazerolle (1979), 27 N.B.R.(2d) 52 (QB);

    27 R.N.-B.(2e) 52; 60 A.P.R. 52

MLB headnote and full text

Sommaire et texte intégral

Lanteigne v. Mazerolle

Indexed As: Lanteigne v. Mazerolle

Répertorié: Lanteigne v. Mazerolle

New Brunswick Court of Queen's Bench

Jean, J.

July 25, 1979.

Summary:

Résumé:

This headnote contains no summary.

Damage Awards - Topic 178

Personal injuries and death - Neck injuries - Whiplash - Severe flexion-extension injury to neck causing fractured facet of cervical vertebrae - Prospect of good recovery, but cervical degeneration - Head laceration and fracture of clavicle - 19 year old female fish plant worker - The New Brunswick Court of Queen's Bench, awarded $15,000.00 general damages for personal injuries - See paragraphs 20 to 44.

Torts - Topic 328

Negligence - Motor vehicle - Passengers - Gratuitous passengers - Gross negligence - What constitutes - Motor Vehicle Act, R.S.N.B. 1973, c. M-17, s. 268 - The defendant man agreed to drive the plaintiff girl home from a club late at night; although he told her that he was very tired - On the way the defendant fell asleep at the wheel and drove off the road, injuring the plaintiff - The New Brunswick Court of Queen's Bench, allowed the plaintiff's action against the defendant for damages for personal injuries and held that the defendant was grossly negligent in falling asleep at the wheel - See paragraphs 1 to 17.

Torts - Topic 346

Negligence - Motor vehicle - Passengers - Contributory negligence of passengers - Failure to use safety equipment - The New Brunswick Court of Queen's Bench, refused to find a passenger contributorily negligent in failing to use a seat belt, where there was no proof that use of the seat belt would have lessened her injuries - See paragraph 19.

Torts - Topic 6726

Defences - Consent - Assumption of risk - Implied consent - Motor vehicle passengers - Volenti non fit injuria - The defendant man agreed to drive the plaintiff girl home late at night from a club, where both had been drinking - The defendant at first refused, saying that he was very tired - On the way the defendant fell asleep and drove off the road - In response to the plaintiff's action for damages for personal injuries the defendant pleaded that the plaintiff accepted the risk - The New Brunswick Court of Queen's Bench, held that the defence of volenti non fit injuria was inapplicable, where there was no evidence that the defendant was driving or could be expected to drive in a dangerous manner - See paragraph 18.

Cases Noticed:

Parsons v. Grant (1975), 11 N.B.R.(2d) 304; 7 A.P.R. 304, appld. [para. 10].

Eid v. Dumas (1969), 1 N.B.R.(2d) 445, appld. [para. 11].

Goulais v. Restoule (1975), 48 D.L.R.(3d) 285, appld. [para. 13].

Power's Estate v. Roussel's Estate (1978), 23 N.B.R.(2d) 298; 44 A.P.R. 298, appld. [para. 15].

Thomas v. Leonard and Flemming Industries Limited (1978), 22 N.B.R.(2d) 181; 39 A.P.R. 181, consd. [para. 30].

Savard v. Richard and Richard (1979), 25 N.B.R.(2d) 45; 51 A.P.R. 45, consd. [para. 30].

Gay v. Gourgeois (1979), 25 N.B.R.(2d) 340; 51 A.P.R. 340, consd. [para. 30].

Statutes Noticed:

Motor Vehicle Act, R.S.N.B. 1973, c. M-17, sect. 268 [para. 10].

Counsel:

Roger Savoie, for the plaintiff;

Pierre Tremblay, for the defendant.

This case was heard before JEAN, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following judgment on July 25, 1979: