Pascoe v. Ledwich, (1979) 2 Man.R.(2d) 71 (CA)

• Judge: Matas, O'Sullivan and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: December 27, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 2 Man.R.(2d) 71 (CA)

Pascoe v. Ledwich (1979), 2 Man.R.(2d) 71 (CA)

MLB headnote and full text

Pascoe and Pascoe v. Ledwich and Ledwich

Indexed As: Pascoe v. Ledwich

Manitoba Court of Appeal

Matas, O'Sullivan and Huband, JJ.A.

December 27, 1979.

Summary:

This case arose out of the plaintiffs' claim in negligence against the defendants for damages arising out of motor vehicle accident. The defendants' liability was admitted and the male plaintiff's claim was settled. The female plaintiff was a professional viola player, who was forced by her injuries to stop playing the viola for a living. Three years later at the date of trial she still had not found an alternative career, which would provide her with her former income, although she was capable of making such a change. In a judgment unreported in this series of reports the Manitoba Court of Queen's Bench awarded her $50,000.00 general damages for personal injuries, including $15,000.00 for loss of future income. The defendants appealed.

The Manitoba Court of Appeal allowed the appeal and reduced the award to $35,000.00, striking out the $15,000.00 for loss of future income. The Court of Appeal held that by the time of trial the plaintiff should have found an alternative career which would provide her with a net income equivalent to her earnings as a viola player - see paragraphs 19 to 23.

Damage Awards - Topic 29

Personal injuries and death - Arm injuries - Wrist - A female professional viola player, age 25, suffered a fractured wrist and multiple rib fractures with bleeding into chest cavity - Complete recovery from chest injuries - Wrist healed with no limitation of movement, but with residual pain, especially when playing the viola - After playing with pain for one year, she decided to stop, because of the pain and the impairment of her standards of playing - Three years later she still had not made an alternative career choice, which would provide her with her previous income, although she was capable of such a change - The Manitoba Court of Appeal awarded $35,000.00 general damages for personal injuries, including $20,000.00 for the injuries and their residual effect and the enforced career change and $15,000.00 for loss of earnings to trial.

Damages - Topic 1550

General damages for personal injuries - Prospective loss of income - A female professional viola player, age 25, suffered a wrist injury and was forced to give up playing the viola for her living after playing in pain for a year - Three years later she still had not made an alternative career choice, which would provide her with her previous income; although she was capable of making such a change - The Manitoba Court of Appeal set aside an award of general damages of loss of future earnings, because by the date of trial she should have found a career which would provide her with a net income equivalent to her earnings as a viola player - See paragraphs 19 to 23.

Counsel:

R.J. Handlon and W. Grimble, Q.C., for the plaintiffs/respondents;

W.S. Saranchuk, for the defendants/appellants.

This case was heard on October 18, 1979, at Winnipeg, Manitoba, before MATAS, O'SULLIVAN and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On December 27, 1979, HUBAND, J.A., delivered the following judgment for the Court of Appeal: