Menko v. Johnson, (1980) 19 A.R. 510 (QB)

JudgeMoore, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateJanuary 08, 1980
JurisdictionAlberta
Citations(1980), 19 A.R. 510 (QB)

Menko v. Johnson (1980), 19 A.R. 510 (QB)

MLB headnote and full text

Menko v. Johnson

(Q.B. 122054)

Indexed As: Menko v. Johnson

Alberta Court of Queen's Bench

Moore, J.

January 8, 1980.

Summary:

This headnote contains no summary.

Damage Awards - Topic 178

Personal injuries and death - Neck injuries - Whiplash and general bruising of body - 39 year old laborer - The Alberta Court of Queen's Bench assessed the plaintiff's general damages for pain and inconvenience at $11,000.00 - See paragraph 53.

Practice - Topic 3555

Evidence - General principles - Leave to offer evidence after case closed - The Alberta Court of Queen's Bench held that a trial judge has discretion to allow new evidence after a case is closed and before reasons for judgment are delivered - See paragraphs 39 to 41.

Torts - Topic 361

Negligence - Motor vehicles - Pedestrian - Duty to take reasonable care - A pedestrian was struck by a car, when he was crossing a four lane highway at an intersection crosswalk - The second and third lanes were blocked with traffic - The pedestrian checked for traffic in the fourth lane by looking through the windshield of the vehicle in the third lane - The pedestrian stepped into the fourth lane and was struck - The road was covered with snow and ice, so the crosswalk was not visible - The pedestrian brought an action in negligence against the driver - The Alberta Court of Queen's Bench allowed the action in part and held the plaintiff and defendant equally at fault - The Court of Queen's Bench held that pedestrians have a duty to take care not to proceed into a lane of traffic until it is safe - See paragraphs 35 to 46.

Statutes Noticed:

Contributory Negligence Act, R.S.A. 1970, c. 65, sect. 2(1) [para. 45].

Highway Traffic Act, R.S.A. 1975, c. 169, sect. 125(2), sect. 133(2), sect. 134, sect. 135 [para. 33].

Rules of Court (Alta.), rule 230 [para. 41].

Calgary Traffic Bylaws, Bylaw 4(1) [para. 34].

Counsel:

A. Webster MacDonald, for the plaintiff;

Donald J. Chernichen, for the defendant.

This case was heard by MOORE, J., of the Alberta Court of Queen's Bench.

On January 8, 1980, MOORE, J., delivered the following judgment:

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2 practice notes
  • Peruch v. Schwab, (1985) 66 A.R. 182 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 27, 1985
    ...- See paragraphs 1 to 20. Cases Noticed: Katanlikoff Estate et al. v. Calgary (1981), 35 A.R. 267, dist. [para. 18]. Menko v. Johnson (1980), 19 A.R. 510, dist. [para. McLeod v. Polardy (1981), 10 Man.R.(2d) 181, dist. [para. 18]. Hartman v. Fisette, [1977] 1 S.C.R. 2481; 8 N.R. 301, dist. ......
  • Schuttler v. Anderson, (1999) 243 A.R. 109 (QB)
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • April 27, 1999
    ...19]. Wickberg v. Patterson (1997), 196 A.R. 43; 141 W.A.C. 43; 47 Alta. L.R.(3d) 201 (C.A.), refd to. [para. 20]. Menko v. Johnson (1980), 19 A.R. 510 (Q.B.), refd to. [para. 21]. Boileau v. R., [1954] S.C.R. 414, refd to. [para. 21]. Guarantee Co. of North America v. Beasse et al. (1992), ......
2 cases
  • Peruch v. Schwab, (1985) 66 A.R. 182 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • November 27, 1985
    ...- See paragraphs 1 to 20. Cases Noticed: Katanlikoff Estate et al. v. Calgary (1981), 35 A.R. 267, dist. [para. 18]. Menko v. Johnson (1980), 19 A.R. 510, dist. [para. McLeod v. Polardy (1981), 10 Man.R.(2d) 181, dist. [para. 18]. Hartman v. Fisette, [1977] 1 S.C.R. 2481; 8 N.R. 301, dist. ......
  • Schuttler v. Anderson, (1999) 243 A.R. 109 (QB)
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • April 27, 1999
    ...19]. Wickberg v. Patterson (1997), 196 A.R. 43; 141 W.A.C. 43; 47 Alta. L.R.(3d) 201 (C.A.), refd to. [para. 20]. Menko v. Johnson (1980), 19 A.R. 510 (Q.B.), refd to. [para. 21]. Boileau v. R., [1954] S.C.R. 414, refd to. [para. 21]. Guarantee Co. of North America v. Beasse et al. (1992), ......

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