McConnell Estate v. Williston et al., [1966] N.B. Law News No. 95 (QB)

• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: November 20, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 95 (QB)

McConnell Estate v. Williston, [1966] N.B. Law News No. 95 (QB)

MLB Law News

Gerald McConnell, Administrator of the Estate of Alexander McConnell, and in his own right, and Clara M. McConnell (plaintiffs) v. Blair Williston and James Boyd Williston (defendants) and Canadian Provincial Insurance Company a duly incorporated company (third party)

(Archives RS48/1966/384; 384/66/C)

Indexed As: McConnell Estate v. Williston et al.

New Brunswick Supreme Court

Queen's Bench Division

Cormier, C.J.Q.B.D.

November 20, 1966.

Summary:

Motor Vehicle Damage Award - Defendant found wholly responsible for damages arising from motor vehicle accident when Defendant was driving too fast under the circumstances and not keeping a proper lookout. Plaintiff awarded $3,235. special damages for loss of car and wages for housekeeper. Female Plaintiff, age 26, awarded $3,677. special damages which includes $2,400.00 as loss of wages and $6,000. general damages for a compound fracture of the fibula in the tibia of the right leg, resulting in one leg being shorter than the other, with probability that arthritis will set in early in impaired right leg, and for bruised left ribs and a laceration on the forehead.

Damage Awards - Topic 142

Injury and death - Leg injuries - Fracture - See paragraph 8.

Torts - Topic 376

Negligence - Motor vehicle - Standard of care of driver - Keeping a proper lookout - See paragraphs 1 to 7.

Torts - Topic 451

Negligence - Motor vehicle - Speed - Excessive speed - See paragraphs 1 to 7.

Counsel:

Patrick A.A. Ryan, for the plaintiffs;

Paul Lordon, for the defendants;

J. Turney Jones, for the third party.

This case was heard before Cormier, C.J.Q.B.D., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on November 20, 1966, which was filed on November 22, 1966.