McDavid v. Soucy, [1966] N.B. Law News No. 3 (QB)

• Judge: Pichette, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: March 09, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 3 (QB)

McDavid v. Soucy, [1966] N.B. Law News No. 3 (QB)

MLB Law News

John M. McDavid and Lena McDavid and Laird McDavid (plaintiffs) v. Lord Soucy (defendant)

(435/65/C; Archives RS48/1965/435)

Indexed As: McDavid v. Soucy

New Brunswick Supreme Court

Queen's Bench Division

Pichette, J.

March 9, 1966.

Summary:

Defendant found solely at fault for motor vehicle accident when plaintiff was turning left into private driveway. Defendant attempting to pass on a solid white line and admitted that he saw left turn signal when he was 80 to 100 feet away. R.C.M.P. testified to 25 to 30 feet of skid marks to left of centre of highway. Review of authorities. Female plaintiff awarded $1,000.00 general damages for shock, bruises and contusions to chest, spine and abdominal muscles, hospitalized for 8 days, followed by a full recovery except for some dizziness. Seventy-four year old male awarded $2,500.00 for general damages for traumatic shock, bruises and mild concussion and hospitalized for 30 days (he had a pre-existing condition of chronic bronchitis and chronic rheumatism).

Damage Awards - Topic 205

Injury and death - Psychological injuries - Mental distress - See paragraphs 19 and 25.

Damage Awards - Topic 459

Injury and death - Special damage awards - Medical and hospital costs - See paragraphs 17, 22 and 23.

Torts - Topic 406

Negligence - Motor vehicle - Rules of the road - Passing - Failure to drive to the right of the centre of the road - See paragraphs 1-15.

Torts - Topic 411

Negligence - Motor vehicle - Rules of the road - Making turns - Left turns - See paragraphs 1-15.

Counsel:

J.Y. Arseneau, for the plaintiffs;

Peter Dykeman, for the defendant.

This case was heard on the Restigouche County Circuit Court, November Term, 1965, before Pichette, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on March 9, 1966.