Lawrence v. Kirsch Construction Ltd. and Works, (1988) 66 Sask.R. 174 (CA)

• Judge: Cameron, Vancise and Gerwing, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: April 20, 1988
• Jurisdiction: Saskatchewan
• Citations: (1988), 66 Sask.R. 174 (CA)

Lawrence v. Kirsch Constr. Ltd. (1988), 66 Sask.R. 174 (CA)

MLB headnote and full text

Charles Lawrence (plaintiff/appellant) v. Kirsch Construction Ltd. and Allan G. Works (defendants/respondent)

(9182)

Indexed As: Lawrence v. Kirsch Construction Ltd. and Works

Saskatchewan Court of Appeal

Cameron, Vancise and Gerwing, JJ.A.

April 20, 1988.

Summary:

A 54 year old single farmer was severely injured in an automobile accident. His facial injuries led to the removal of one eye and the loss of most of the sight in the other. After a jury trial, the farmer recovered judgment for pecuniary damages only. He appealed on the grounds that he was entitled to nonpecuniary damages and that the award for future care was too low.

The Saskatchewan Court of Appeal allowed the appeal and ordered a new trial on quantum.

Damages - Topic 1543

General damages for personal injury - Pain and suffering, loss of amenities and other nonpecuniary damages - A jury's award was appealed on the basis that the amount for future care was low and that there was no assessment of nonpecuniary damages - The Saskatchewan Court of Appeal discussed the appeal court's duty regarding the assessment of damages - The court did not substitute its assessment for the jury's verdict - The court ordered a new trial on quantum only.

Practice - Topic 8806

Appeals - Duty of appeal court regarding damage awards by a jury - [See Damages - Topic 1543 above].

Cases Noticed:

Samac et al. v. Vamplew et al. (1979), 42 D.L.R.(3d) 203 (Ont. C.A.), refd to. [para. 7].

Pats v. Illinois Publishing and Printing Company, [1929] 2 W.W.R. 14 (Sask. C.A.), refd to. [para. 12].

Decorby v. Wascana Winter Club (1980), 3 Sask.R. 96 (C.A.), refd to. [para. 12].

Counsel:

B. Scherman and G. Vogeli, for the appellant;

Peter Foley, Q.C., for the respondent.

This appeal was heard before Cameron, Vancise and Gerwing, JJ.A., of the Saskatchewan Court of Appeal. The decision of the Court of Appeal was delivered orally by Cameron, J.A., on April 20, 1988.