Mallais v. Letourneau Estate, [1966] N.B. Law News No. 65 (QB)

JudgeBarry, J.
CourtCourt of Queen's Bench of New Brunswick (Canada)
Case DateSeptember 22, 1966
JurisdictionNew Brunswick
Citations[1966] N.B. Law News No. 65 (QB)

Mallais v. Letourneau Estate, [1966] N.B. Law News No. 65 (QB)

MLB Law News

Robert Mallais, Clarence Mallais, Lazare Mallais, Jean Paul Mallais, Donald Lapointe and Jean Claude Theriault, an infant by his next friend, Emile Theriault (plaintiffs) v. L.C. Ayles, administrator ad litem of the Estate of Armand Letoureau (defendant)

(290/66/C; Archives RS48/1966/290)

Indexed As: Mallais v. Letourneau Estate

New Brunswick Supreme Court

Queen's Bench Division

Barry, J.

September 30, 1966.

Summary:

Motor Vehicle & Damage Awards - Defendant found wholly responsible for damages arising out of motor vehicle accident when defendant was killed and plaintiffs testified that defendant was travelling on the wrong side of the road. Court accepted evidence of plaintiffs. Male plaintiff, age 29, unmarried, awarded $7,000. general damages for fractured skull and severe facial cuts and scars necessitating between 200 and 300 stitches and headaches and pain and suffering. Male plaintiff, age 27, awarded $4,000. general damages for small facial scars and loss of kneecap and reduction in flextion of knee from 170 o to 130 o and pain and suffering. Male plaintiff, age 56, awarded $32,000 general damages for concussion, large lacerations on scalp, fracture of lower jaw, severe fracture and dislocation of left hip joint, unconscious from 4-6 weeks and prospect of using crutches for rest of life and chronic phlebitis resulting in swollen leg and stiff left hip and impairment of mind and pain and suffering. Male plaintiff, age 24, awarded $50. general damages for personal injuries for "sore head" for about a week. Male plaintiff, age 23, awarded $250. for general damages for personal injuries for 5-day hospital confinement and slight headaches having no residual affect. Male Plaintiff, age 18, awarded $3,000. general damages for personal injuries for fracture of left hip, concussion and hematoma of left eye, hospital confinement of 2 and 1/2 weeks, future minor surgery for removal of pin in hip, pain and suffering and no residual effects.

Damage Awards - Topic 59

Injury and death - Body injuries - Hip - See paragraph 20.

Damage Awards - Topic 74

Injury and death - Body injuries - Bruises, abrasions and lacerations - See paragraphs 13 to 15.

Damage Awards - Topic 103

Injury and death - Head injuries - Lacerations and abrasions - See paragraphs 13 to 17.

Damage Awards - Topic 105

Injury and death - Head injuries - Skull fracture and closed head injuries - See paragraphs 10 to 12.

Damage Awards - Topic 117

Injury and death - Head injuries - Facial injuries (incl. scarring ) - See paragraphs 10 to 12.

Counsel:

J.Y. Arseneau, for the plaintiffs;

J. Turney Jones, for the defendant.

This case was heard in Dalhousie, N.B., on September 22, 1966, before Barry, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on September 30, 1966.

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