MacDonald and MacDonald v. Hub Meat Packers Ltd., (1977) 18 N.B.R.(2d) 123 (QB)

• Judge: Dickson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: June 16, 1977
• Jurisdiction: New Brunswick
• Citations: (1977), 18 N.B.R.(2d) 123 (QB)

MacDonald v. Hub Meat Packers (1977), 18 N.B.R.(2d) 123 (QB);

    18 R.N.-B.(2e) 123; 26 A.P.R. 123

MLB headnote and full text

Sommaire et texte intégral

MacDonald and MacDonald v. Hub Meat Packers Ltd.

Indexed As: MacDonald and MacDonald v. Hub Meat Packers Ltd.

Répertorié: MacDonald and MacDonald v. Hub Meat Packers Ltd.

New Brunswick Court of Queen's Bench

Dickson, J.

June 16, 1977.

Summary:

Résumé:

This case arose out of the plaintiffs' claim against the defendant in negligence for damages arising out of a motor vehicle collision. The liability of the defendant was admitted and in the judgment below the New Brunswick Court of Queen's Bench, assessed the plaintiffs' damages for personal injuries and discussed the merits of the use of safety belts.

Damage Awards - Topic 74

Personal injuries and death - Body injuries - Bruises to forehead and knee and small laceration on one ear - Adult male - The New Brunswick Court of Queen's Bench, awarded $150 for general damages, including the cost of replacement of glasses - See paragraph 4.

Damage Awards - Topic 103

Personal injuries and death - Head injuries - Severe lacerations of face requiring 116 stitches resulting in scarring - Bruises to knees with resulting incapacity in one knee for two years and residual discomfort - 16 days hospitalization - Residual weeping of one eye, flickering of eye lid and sensitivity of cranium - Female housewife, aged 56 - The New Brunswick Court of Queen's Bench, awarded $9,500 general damages including $7,500 for pain, suffering and temporary and permanent disability - See paragraphs 3, 5 to 10.

Torts - Topic 346

Negligence - Motor vehicle - Passengers - Contributory negligence of passenger - Failure to use safety equipment - The plaintiff driver and passenger failed to use the lap belts in their vehicle and were injured in a head-on motor vehicle collision - The New Brunswick Court of Queen's Bench, held that the plaintiffs were not contributorily negligent, because the evidence failed to establish that their injuries would have been less severe had they been wearing their lap belts - The Court of Queen's Bench discussed the merits of the use of safety belts - See paragraphs 11 to 22.

Cases Noticed:

Heppell v. Irving Oil Co. Ltd., 6 N.B.R.(2d) 327, appld. [para. 12].

Haley v. Richardson et al. (1974), 9 N.B.R.(2d) 318, appld. [para. 12].

Belanger v. Reid (1974), 10 N.B.R.(2d) 112, folld. [para. 14].

Best et al. v. Young (1976), 13 N.B.R.(2d) 596, folld. [para. 15].

Burtt v. Davis et al. (1976), 14 N.B.R.(2d) 541, folld. [para. 15].

Counsel:

Richard E. Debow, for the plaintiffs;

James E. Anderson, for the defendant.

This case was heard at Moncton, N.B., before DICKSON, J., of the New Brunswick Supreme Court, Queen's Bench Division.

On June 16, 1977, DICKSON, J., delivered the following judgment: