Lee et al. v. Leeming, (1985) 58 A.R. 204 (QB)

• Judge: Egbert, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 21, 1985
• Citations: (1985), 58 A.R. 204 (QB)

Lee v. Leeming (1985), 58 A.R. 204 (QB)

MLB headnote and full text

King Man Lee, Wai Mui Lee and Wai C. Lee v. John Paul Leeming

Indexed As: Lee et al. v. Leeming

Alberta Court of Queen's Bench

Judicial District of Calgary

Egbert, J.

January 21, 1985.

Summary:

The plaintiff pedestrians brought an action in negligence against the defendant driver for damages after the defendant's vehicle struck the plaintiffs in a cross-walk. The Alberta Court of Queen's Bench allowed the action, found the defendant driver negligent and wholly at fault and assessed damages accordingly.

Damage Awards - Topic 102

Personal injuries and death - Head injuries - Brain damage - A fifty-one year old married man, who was part owner of and cook in a restaurant, suffered brain damage in an accident - Resulting personality change, mental and physical disability, inability to work and destruction of relationship with family - The Alberta Court of Queen's Bench awarded $125,000.00 non-pecuniary general damages - See paragraphs 50 to 82.

Damage Awards - Topic 107

Personal injuries and death - Head injuries - Bruises - A youth suffered a bruise to his scalp and forehead and a forearm abrasion - Treated with ice packs and analgesics - Complete recovery in 3-5 weeks - The Alberta Court of Queen's Bench awarded $1,500.00 general damages for personal injuries - See paragraphs 21 to 23.

Damage Awards - Topic 150

Personal injuries and death - Multiple injuries - 47 year old married woman suffered fractures of three ribs and her pelvis - Treatment only with analgesics and physiotherapy - Aggravation of pre-existing degenerative condition of spine - Two months inability to walk - Considerable pain and discomfort for a time - Residual pain in shoulder and back and limited mobility of shoulder - The Alberta Court of Queen's Bench awarded $25,000.00 non-pecuniary general damages for personal injuries - See paragraphs 24 to 30.

Damage Awards - Topic 585

Torts affecting third parties - Loss of consortium - The 51 year old husband of a 47 year old woman suffered brain damage, which left him mentally and physically disabled and destroyed their marital relationship - The Alberta Court of Queen's Bench awarded the wife $10,000.00 general damages for loss of consortium - See paragraphs 46 to 48.

Damages - Topic 1257

Losses by third parties - Loss of consortium - Persons entitled to claim - Wife - Domestic Relations Act, R.S.A. 1980, c. D-37, s. 43(1) - The Alberta Court of Queen's Bench awarded a wife damages for loss of consortium after her husband was brain damaged and permanently incapacitated - See paragraphs 46 to 48.

Damages - Topic 1410

Special damages - Loss of wages - General - Inflation, effect of - The Alberta Court of Queen's Bench held that an award for loss of income from the date of an accident until trial should not be "grossed up" for inflation - See paragraph 95.

Damages - Topic 1437

Special damages - Cost of home alterations - After a man suffered brain damage with resulting physical and mental impairment it was advantageous to modify the man's home to make it easier and safer for him to live in - The Alberta Court of Queen's Bench awarded damages for cost of alterations - See paragraphs 110 to 111.

Damages - Topic 1556

General damages for personal injuries - Calculation and method of assessment - Contingencies - Deduction for - A 51 year old cook was brain damaged, rendering him physically and mentally disabled - The Alberta Court of Queen's Bench deducted 20% for contingencies in awarding damages for future loss of income - See paragraph 101.

Damages - Topic 1567

General damages for personal injuries - Future care and treatment - A 51 year old man was brain damaged, rendering him mentally and physically disabled - He did not require constant care, but could not be left alone - The Alberta Court of Queen's Bench awarded damages for the cost of a sitter required for the hours when his family were out working or otherwise occupied - See paragraphs 102 to 108.

Torts - Topic 356

Negligence - Motor vehicle - Pedestrians - Street or highway crossing - Cross-walk - A motor vehicle driver in turning left onto a through street cut the corner and struck pedestrians on a crosswalk - The Alberta Court of Queen's Bench held the driver negligent and wholly at fault in failing to yield the right of way to the pedestrians as required by s. 102(1) of the Highway Traffic Act - See paragraphs 1 to 20.

Torts - Topic 411

Negligence - Motor vehicle - Rules of the road - Making turns - Left turns - Intersection - A motor vehicle driver in turning left onto a through street cut the corner and struck pedestrians on a cross-walk - The Alberta Court of Queen's Bench held the driver negligent and wholly at fault in cutting the corner and failing to stay to the right of the centre line of the through highway as required by s. 90(1) of the Highway Traffic Act - See paragraphs 1 to 20.

Cases Noticed:

Michols et al. v. McWilliams et al. (1981), 24 A.R. 102, appld. [para. 36].

Woelk v. Halvorson, [1980] 2 S.C.R. 430; 33 N.R. 232; 24 A.R. 620; [1981] 1 W.W.R. 289; 7 Alta. L.R.(2d) 1, appld. [para. 48].

Andrews v. Grand and Toy (Alberta) Limited, [1978] 2 S.C.R. 229; 19 N.R. 50; 8 A.R. 182; [1978] 1 W.W.R. 557; 83 D.L.R.(3d) 452, appld. [paras. 81, 101].

Teno v. Arnold, [1978] 2 S.C.R. 287; 19 N.R. 1; 83 D.L.R.(3d) 609, appld. [para. 81].

Thornton v. Board of School Trustees of School District No. 57, [1978] 2 S.C.R. 267; 19 N.R. 552; [1978] 1 W.W.R. 607; 83 D.L.R.(3d) 480, appld. [para. 81].

Walter v. Schmidez et al. (1984), 52 A.R. 182 (Q.B.), consd. [para. 81].

Gray et al. v. Knievel et al. (1984), 53 A.R. 30 (Q.B.), consd. [para. 81].

Onofriechuk v. Whitford et al. (1981), 26 A.R. 330 (Q.B.), consd. [para. 81].

Henrikson v. Parke et al. (1981), 29 A.R. 431 (Q.B.), consd. [para. 81].

Aucoin v. Master Excavators Ltd. et al. (1982), 36 A.R. 570 (Q.B.), consd. [para. 81].

Riches v. Miller et al. (1984), 50 A.R. 92, appld. [para. 95].

Statutes Noticed:

Domestic Relations Act, R.S.A. 1980, c. D-37, sect. 43(1) [para. 48].

Highway Traffic Act, R.S.A. 1980, c. H-7, sect. 90(1), sect. 102(1) [para. 16]; sect. 179 [para. 17].

Counsel:

W.J. Major, Q.C., and P. Major, for the plaintiffs;

C.S. Brooker and C. Llewelyn, for the defendant.

This case was heard at Calgary, Alberta, before Egbert, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on January 21, 1985: