Menko v. Johnson, (1980) 19 A.R. 510 (QB)
Judge | Moore, J. |
Court | Court of Queen's Bench of Alberta (Canada) |
Case Date | January 08, 1980 |
Jurisdiction | Alberta |
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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Peruch v. Schwab, (1985) 66 A.R. 182 (QB)
...- 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. ......
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Schuttler v. Anderson, (1999) 243 A.R. 109 (QB)
...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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Peruch v. Schwab, (1985) 66 A.R. 182 (QB)
...- 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. ......
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Schuttler v. Anderson, (1999) 243 A.R. 109 (QB)
...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), ......