McHale v. Merrick, [1966] N.B. Law News No. 94 (QB)

• Judge: Barry, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: November 23, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 94 (QB)

McHale v. Merrick, [1966] N.B. Law News No. 94 (QB)

MLB Law News

Paul H. McHale (plaintiff) v. John H. Merrick and Joseph W. Merrick (defendants)

(Archives RS48/1966/519)

Indexed As: McHale v. Merrick

New Brunswick Supreme Court

Queen's Bench Division

Barry, J.

November 23, 1966.

Summary:

Motor Vehicle Collision--Damage Award - Liability admitted. Court awarded $3,200. to 27-year old male for knee injuries resulting in a traumatic arthritic condition which would cause pain and suffering during the remainder of his life whenever the joint was used for prolonged period or under strenuous conditions.

Damage Awards - Topic 130

Injury and death - Leg injuries - Knee - See paragraphs 1 to 7.

Damage Awards - Topic 355

Injury and death - Disease or illness - Acceleration, aggravation or onset of disease - Arthritis - See paragraphs 1 to 7.

Counsel:

A.G. Warwick Gilbert, Q.C., for the plaintiff;

Eric B. Appleby, for the defendants.

This case was heard before Barry, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following oral decision on November 23, 1966.