Lausier v. Ringuette, [1966] N.B. Law News No. 50 (QB)

• Judge: Robichaud, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: June 09, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 50 (QB)

Lausier v. Ringuette, [1966] N.B. Law News No. 50 (QB)

MLB Law News

Alyre Lausier, by his next friend, Wilfrid Lausier, and the said Wilfrid Lausier, (Plaintiffs) v. Albert Ringuette (Defendant)

(596/65/C)

Indexed As: Lausier v. Ringuette

New Brunswick Supreme Court

Queen's Bench Division

Robichaud, J.

August 1, 1966.

Summary:

Motor Vehicle Accident & Damage Award for Leg Fracture -  Defendant held 100 percent responsible to paying passenger Plaintiff on making left turn across the highway resulting in a collision. Held onus of proving Plaintiff a gratuitous passenger rests on the Defendant - Smith v. Steeves, 41 MPR, N.B. Court of Appeal. Plaintiff awarded $3,150 special damages including hospital bills of $2,153 and loss of wages of $500 and $4,000 for general damages for fracture of the femur, fracture of shoulder blade, brain concussion, and slight separation of shoulder, 66 days hospitalization, inability to walk for six months, shortening of leg by 7/8 of 1 inch and necessity of wearing raised heel and inability to participate in sports plus $500 for loss of seven teeth which were partially decayed.

Damage Awards - Topic 112

Injury and death - Head injuries - Teeth - See paragraphs 26 and 28.

Damage Awards - Topic 129

Injury and death - Leg injuries - Fibula or tibia - See paragraphs 19 to 25.

Torts - Topic 327

Negligence - Motor vehicle - Gratuitous passengers - Defined -See paragraphs 7 to 15.

Torts - Topic 376

Negligence - Motor vehicle - Standard of care of driver - Keeping a proper lookout - See paragraphs 1 to 5.

Torts - Topic 411

Negligence - Motor vehicle - Rules of the road - Making turns - Left turns - See paragraphs 1 to 5.

Counsel:

Robert C. Rice, for the plaintiffs;

Paul E. Pelletier, Q.C., for the defendant.

This case was heard at the Madawaska Circuit on June 9, 1966, before Robichaud, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on August 1, 1966.