Nadeau v. Hynes et al., [1966] N.B. Law News No. 19 (QB)

JudgePichette, J.
CourtCourt of Queen's Bench of New Brunswick (Canada)
Case DateApril 30, 1966
JurisdictionNew Brunswick
Citations[1966] N.B. Law News No. 19 (QB)

Nadeau v. Hynes, [1966] N.B. Law News No. 19 (QB)

MLB Law News

Rita Nadeau, an infant, by her next friend, Raymond Nadeau, and the said Raymond Nadeau (plaintiffs) v. Eileen Hynes and Denis A. Hynes (defendants)

Adrienne Essiembre, an infant, by her next friend, Mathieu Essiembre and the said Mathieu Essiembre (plaintiffs) v. Eileen Hynes and Denis A. Hynes (defendants) and The Insurance Corporation of Ireland Limited (third party)

(608/65/C; Archives RS48/1965/608)

Indexed As: Nadeau v. Hynes et al.

New Brunswick Supreme Court

Queen's Bench Division

Pichette, J.

April 30, 1966.

Summary:

Motor Vehicle and Damage Award - Defendant held responsible to paying passengers upon losing control of auto in blizzard. Court refers to Smith v. Steeves, 41 M.P.R. 91 N.B. Court of Appeal stating burden of proving gratuitous passenger on defendant. Third Party denied its liability to the Defendant and failed to defend Defendant. Court states that purpose of section 211(9) of the Insurance Act is to allow insurer to defend a claim against the insured. Female, age 17, awarded $5,279. special damages for personal injuries including $1,500. for loss of wages; and $12,000. for general damages for personal injuries for double fracture of pelvis, fracture of femur, double fracture of lower leg, loss of kidney, brain concussion and necessity of Caesarean operation in any future childbirth, and no other permanent disability except for possible traumatic arthritis. Female, age 17, awarded $4,824. special damages for personal injuries including $1,239. for loss of wages and $17,000. for general damages for personal injuries for severe concussion (unconscious for 11 weeks), and prolonged muscular spasticity, multiple fractures of pelvis, Caesarean operation required in any future childbirth and tilting of pelvis resulting in walking difficulty.

Damage Awards - Topic 59

Injury and death - Body injuries - Pelvis - See paragraphs 14 and 16.

Damage Awards - Topic 61

Injury and death - Body injuries - Kidney - See paragraph 14.

Damage Awards - Topic 74

Injury and death - Body injuries - Bruises, abrasions and lacerations - See paragraph 16.

Damage Awards - Topic 127

Injury and death - Leg injuries - Femur - See paragraph 14.

Torts - Topic 332

Negligence - Motor vehicle - Gratuitous passengers - Vehicles used for hire defined - See paragraphs 1 to 9.

Torts - Topic 377

Negligence - Motor vehicle - Standard of care of driver - Visibility reduced - See paragraphs 1 to 9.

Counsel:

J.Y. Arseneau, for the plaintiff;

Robichaud and Dykeman, for the defendant;

John N. Bugold, Q.C., for the third party.

This case was heard before Pichette, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on April 30, 1966.

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