Parnell v. Singer, (1992) 111 N.S.R.(2d) 127 (TD)

• Judge: Gruchy, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: December 23, 1991
• Jurisdiction: Nova Scotia
• Citations: (1992), 111 N.S.R.(2d) 127 (TD)

Parnell v. Singer (1992), 111 N.S.R.(2d) 127 (TD);

  303 A.P.R. 127

MLB headnote and full text

Randy Earl Parnell, by his Guardian Ad Litem, Annette Parnell and Annette Parnell (plaintiffs) v. Grant Wesley Singer (defendant)

(S.H. No. 69118)

Indexed As: Parnell v. Singer

Nova Scotia Supreme Court

Trial Division

Gruchy, J.

March 16, 1992.

Summary:

A 14 year old boy suffered multiple injuries in a 1985 accident caused by the defendant's negligence. The boy suffered serious brain damage and brought an action for damages against the defendant.

The Nova Scotia Supreme Court, Trial Division, assessed damages accordingly.

Damage Awards - Topic 102

Personal injury and death - Head injuries - Brain damage - A 14 year old boy suffered serious brain damage in 1985 - Coma for several months - Had to relearn even simple tasks such as bladder control - The boy was now 20 and had little chance of ever holding steady employment or being financially independent - Func­tioned in the borderline low average intel­ligence range - Limited to doing simple tasks - Suffered permanent neurological damage resulting in weakness to his right side, poor balance and decreased nervous function - Fantasy and reality often over­lap - The Nova Scotia Supreme Court, Trial Division, accepted $238,000 as the inflation adjusted upper limit for general damages for nonpecuniary loss - The court awarded $125,000 damages to the plaintiff boy.

Damage Awards - Topic 492

Personal injury and death - General dam­age awards - Loss of earning capacity - A 14 year old boy with no work history suffered brain damage - It was unlikely he would ever hold a steady job or be finan­cially independent - The Nova Scotia Supreme Court, Trial Division, calculated lost future earnings on the basis of the boy earning slightly above minimum wage and working until he was 65 - Damages equalled $7.00/hour ($14,560/year), with a present value of $350,000, less 20% ($70,000) for contingencies, less the pres­ent value of anticipated future earnings after contingencies ($36,500), for a total of $243,500 - See paragraphs 105 to 118.

Damages - Topic 1288

Losses by third parties - Recoverable losses - General and special damages for care of injured person - A mother cared for her 14 year old brain damaged son - The son was now 20 and still at home - The Nova Scotia Supreme Court, Trial Division, awarded the mother $25,000 general damages on a quantum meruit basis - See paragraph 119.

Interest - Topic 5137

As damages (prejudgment interest) - Torts - Negligence - Personal injuries - A plaintiff was awarded $125,000 general damages for nonpecuniary loss following an accident causing brain damage - The Nova Scotia Supreme Court, Trial Divi­sion, held that the plaintiff was entitled to prejudgment interest, but limited it to simple interest where there was no depri­vation of commercial use of funds and the damage award included some recognition of inflation - See paragraphs 96 to 97.

Cases Noticed:

MacDonald v. Alderson and Manitoba, [1982] 3 W.W.R. 385; 15 Man.R.(2d) 35 (C.A.), refd to. [para. 90].

Ligate v. Abick, [1991] O.J. No. 1138, refd to. [para. 90].

McNutt v. Dill (1989), 91 N.S.R.(2d) 63; 233 A.P.R. 63, refd to. [para. 94].

Reid and Reid v. Letteney and Royal Insurance Co. of Canada (1984), 61 N.S.R.(2d) 156; 133 A.P.R. 156, refd to. [para. 94].

Nogueira v. Eithier (1982), 52 N.S.R.(2d) 288; 106 A.P.R. 288, refd to. [para. 94].

Jodrey v. Crowder's Estate et al. (1990), 98 N.S.R.(2d) 116; 263 A.P.R. 116, refd to. [para. 94].

Pye and Pye v. Doyle (1983), 51 N.B.R.(2d) 255; 134 A.P.R. 255, refd to. [para. 94].

Hadden v. Pawluk Estate (1990), 63 Man.R.(2d) 128, refd to. [para. 94].

Chalinor v. Brown (1989), 98 A.R. 225, refd to. [para. 94].

O'Hara et al. v. Belanger (1989), 98 A.R. 86, refd to. [para. 94].

Harrison and Harrison v. Brown, [1987] 1 W.W.R. 212, refd to. [para. 94].

Newell and Newell v. Hawthornwaite et al. (1988), 26 B.C.L.R.(2d) 105, refd to. [para. 94].

Whitehead v. Misner (1982), 51 N.S.R.(2d) 111; 102 A.P.R. 111, refd to. [para. 94].

Weaver and Weaver v. Buckle and Buckle (1982), 35 A.R. 97, refd to. [para. 94].

Bush v. Air Canada (1992), 109 N.S.R.(2d) 91; 297 A.P.R. 91 (C.A.), refd to. [para. 97].

Poirier v. Dyer and Dyer (1989), 91 N.S.R.(2d) 119; 233 A.P.R. 119 (T.D.), refd to. [para. 98].

Janiak v. Ippolito, [1985] 1 S.C.R. 146; 57 N.R. 241; 9 O.A.C. 1, refd to. [para. 105].

Steenblock v. Funk (1990), 46 B.C.L.R.(2d) 133, refd to. [para. 105].

Earnshaw v. Despins (1990), 45 B.C.L.R.(2d) 380, refd to. [para. 105].

Dennis v. Kavanagh's Estate (1987), 79 N.S.R.(2d) 64; 196 A.P.R. 64 (C.A.), refd to. [para. 114].

MacKinlay et al. v. MacEachern (1983), 58 N.S.R.(2d) 175; 123 A.P.R. 175, refd to. [para. 119].

Grover and Grover v. Lowther (1982), 52 N.S.R.(2d) 22; 106 A.P.R. 22, refd to. [para. 119].

Counsel:

Alan J. Stern, Q.C., and Glenn R. Anderson, for the plaintiffs;

Harry E. Wrathall, Q.C., for the defendant.

This action was heard on December 23, 1991, at Halifax, N.S., before Gruchy, J., of the Nova Scotia Supreme Court, Trial Divi­sion, who delivered the following judgment on March 16, 1992.