Leeman v. Stoddard

• Jurisdiction: New Brunswick
• Court: Court of Appeal (New Brunswick)
• Judge: Drapeau, C.J.N.B., Turnbull and Larlee, JJ.A.
• Citation: 2006 NBCA 33,(2006), 298 N.B.R.(2d) 41 (CA)
• Date: 15 March 2006
• Subject Matter: TORTS,MOTOR VEHICLES

Leeman v. Stoddard (2006), 298 N.B.R.(2d) 41 (CA);

    298 R.N.-B.(2e) 41; 775 A.P.R. 41

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2006] N.B.R.(2d) TBEd. AP.036

Marjorie Leeman (appellant) v. Christine Mary Stoddard and James Stoddard (respondents)

(140/04/CA; 2006 NBCA 33)

Indexed As: Leeman v. Stoddard

New Brunswick Court of Appeal

Drapeau, C.J.N.B., Turnbull and Larlee, JJ.A.

March 15, 2006.

Summary:

The plaintiff sued the defendants for dam­ages arising out of a two-vehicle collision.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported at 281 N.B.R.(2d) 264; 736 A.P.R. 264, held that the plaintiff was 100% at fault and provisionally assessed damages. The plaintiff appealed.

The New Brunswick Court of Appeal dismissed the appeal.

Motor Vehicles - Topic 2415

Regulation of vehicles and traffic - Right of way - Intersections - The plaintiff's vehicle was attempting a left turn at an intersection when the defendants' vehicle collided with it - The defendant's vehicle was approaching from the plaintiff's right - The night was foggy and visibility was reduced - The trial judge held that the plaintiff was 100% at fault - The defendant driver had the right of way - There was no evidence that she was travelling at an excessive speed or driving wildly or dan­gerously or under the influence of anything that would affect her ability - The question was not whether or not she was driving in the most perfectly defensive manner, but whether or not she was negligent and breached a duty of care to the plaintiff - The New Brunswick Court of Appeal dismissed the plaintiff's appeal - The trial judge's finding of fault was a finding of fact for which there was no basis for inter­vention.

Torts - Topic 439

Negligence - Motor vehicle - Rules of the road - Intersections - Turning left - Right of way - [See Motor Vehicles - Topic 2415 ].

Cases Noticed:

McAdam et al. v. McIlveen et al. (2002), 252 N.B.R.(2d) 35; 658 A.P.R. 35 (C.A.), appld. [para. 3].

Counsel:

Eric L. Teed, Q.C., for the appellant;

Bruce D. Grant, for the respondent.

This appeal was heard by Drapeau, C.J.N.B., Turnbull and Larlee, JJ.A., of the New Brunswick Court of Appeal, on March 15, 2006. On the same date, Drapeau, C.J.N.B., delivered the following oral deci­sion for the court.