McCormick v. Lizotte, [1966] N.B. Law News No. 44 (QB)

• Judge: Dickson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: July 11, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 44 (QB)

McCormick v. Lizotte, [1966] N.B. Law News No. 44 (QB)

MLB Law News

Robert Ross McCormick, an infant, by his next friend James Albert McCormick and James Albert McCormick (plaintiffs) v. Thomas Allan Lizotte, by Guardian Ad Litem Dory Lizotte (defendant)

(93/66/C; Archives RS48/1966/93)

Indexed As: McCormick v. Lizotte

New Brunswick Supreme Court

Queen's Bench Division

Dickson, J.

July 11, 1966.

Summary:

Pedestrian Struck by Motor Vehicle & Damage Award for Leg Fractures - Held solely at fault on striking pedestrian Plaintiff from behind who was walking in urban area in daylight on slippery surface. Defendant negligent in failing to slow his vehicle until Defendant was certain Plaintiff was aware of his approach and until Defendant determined direction Plaintiff was going to move. 18-year old, male, awarded $1,471 special damages for personal injuries and $3,000 general damages for fractures of fibula and tibia, two operations to set bones, necessity to repeat grade 10, pain and suffering during a slow but complete recovery.

Damage Awards - Topic 133

Injury and death - Leg injuries - Multiple leg fractures or injuries - See paragraphs 10 to 14.

Torts - Topic 392

Negligence - Motor vehicle - Standard of care of driver - Respecting pedestrians and bicyclists - See paragraphs 1 to 9.

Counsel:

A.G.W. Gilbert, for the plaintiffs;

Robert J. Higgins, for the defendant.

This case was heard before Dickson, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on July 11, 1966.