McNabb v. Ayles, [1966] N.B. Law News No. 18 (QB)

• Judge: Dickson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: April 26, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 18 (QB)

McNabb v. Ayles, [1966] N.B. Law News No. 18 (QB)

MLB Law News

John Roy McNabb (plaintiff) v. Albert Ayles (defendant)

(Archives RS48/1965/509)

Indexed As: McNabb v. Ayles

New Brunswick Supreme Court

Queen's Bench Division

Dickson, J.

April 29, 1966.

Summary:

Motor Vehicle and Damage Award - Defendant held to be inattentive and travelling too far to his right when his automobile struck the Plaintiff, a pedestrian who had crossed road and was stepping up onto curb when he was struck from side. Seventy-six year old Plaintiff awarded $3,500. for pain and suffering and disability for multiple fractures to pelvis and fracture of leg below knee and fracture of knee, hospitalized for two weeks and bedridden for seven weeks and no permanent disability except for possible arthritis in knee. Plaintiff did not claim for wages paid by employer. (Note: Mayne on Damages supports validity of claim for loss of wages regardless of payments by employer.)

Damage Awards - Topic 133

Injury and death - Leg injuries - Multiple leg fractures or injuries - See paragraphs 19 to 22.

Torts - Topic 352

Negligence - Motor vehicle - Pedestrians and bicyclists - On highway - See paragraphs 1 to 17.

Counsel:

F.E. Atkinson, for the plaintiff;

Malcolm Harris, for the defendant.

This case was tried at York County nisi prius sitting, at Fredericton, on April 26, 1966, before Dickson, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on April 29, 1966.