Mullaley v. White, (1976) 9 Nfld. & P.E.I.R. 360 (NFCA)

JudgeGoodridge, Gushue and Morgan, JJ.A.
CourtNewfoundland Court of Appeal
Case DateMay 27, 1976
JurisdictionNewfoundland and Labrador
Citations(1976), 9 Nfld. & P.E.I.R. 360 (NFCA)

Mullaley v. White (1976), 9 Nfld. & P.E.I.R. 360 (NFCA);

    12 A.P.R. 360

MLB headnote and full text

Mullaley v. White

Indexed As: Mullaley v. White

Newfoundland Court of Appeal

Goodridge, Gushue and Morgan, JJ.A.

June 9, 1976.

Summary:

This case arose out of a claim for damages for personal injuries arising out of a motor vehicle accident. Liability was admitted by the defendant. The assessment of damages by the trial court was reported at 6 Nfld. & P.E.I.R. 518.

On appeal to the Newfoundland Court of Appeal the appeal was allowed and the general damage award in favour of the plaintiff was increased from $17,500 to $35,000.

Damage Awards - Topic 180

Neck injuries - Fracture of cervical spine resulting in the impairment of use of an arm and loss of sensation - 46 year old male housekeeper - Permanent partial disability - The Newfoundland Court of Appeal awarded the plaintiff $35,000 general damages for personal injuries.

Practice - Topic 8802

Appeals - General principles - Duty of an appellate court regarding damage awards by a trial judge - The Newfoundland Court of Appeal stated that before an appellate court varies a damage award it must be satisfied that the trial judge applied a wrong principle of law or that the trial judge made a wholly erroneous estimate of the damage - See paragraphs 6 and 7.

Cases Noticed:

Davies v. Powell Duffryn Associated Collieries Ltd., [1942] A.C. 601, folld. [para. 6].

Nance v. British Columbia Electric Railway Company Ltd., [1951] A.C. 601, folld. [para. 7].

Ralph v. Ivimey (1975), 7 Nfld. & P.E.I.R. 402, folld. [para. 11].

Critch v. Tavernor (1973), 3 Nfld. & P.E.I.R. 567, refd to. [para. 32].

McCoy v. O'Donnell 1975, 9 N.B.R.(2d) 609, refd to. [para. 32].

Paulse v. Neville, 6 Nfld. & P.E.I.R. 496, refd to. [para. 32].

Taylor v. Generator Exchange, 6 Nfld. & P.E.I.R. 336, refd to. [para. 32].

Counsel:

Raymond J. Halley, for the appellant;

David G. Buffett, for the respondents.

This appeal was heard by the Newfoundland Court of Appeal on May 27, 1976. Judgment was delivered by the Newfoundland Court of Appeal on June 9, 1976 and the following opinions were filed:

GUSHUE, J.A. - see paragraphs 1 to 13,

GOODRIDGE, J.A. - see paragraphs 14 to 35.

MORGAN, J.A. concurred with GUSHUE, J.A.

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