Poirier v. LeBlanc, [1966] N.B. Law News No. 5 (QB)

• Judge: Pichette, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: March 28, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 5 (QB)

Poirier v. LeBlanc, [1966] N.B. Law News No. 5 (QB)

MLB Law News

Adelard Poirier, Helene Poirier, Bernadette Poirier and Marie Therese Poirier, an infant, Norbert Poirier, an infant, Jacinthe Poirier, an infant, Gerard Poirier, an infant and Irene Poirier an infant, by their next friend (plaintiffs) v. Robert LeBlanc (defendant)

(Archives RS48/1965/659)

Indexed As: Poirier v. LeBlanc

New Brunswick Supreme Court

Queen's Bench Division

Pichette, J.

March 28, 1966.

Summary:

Held defendant solely at fault when passing plaintiff's motor vehicle at a high rate of speed on a double solid white line when the plaintiff was turning left into a private drive. Plaintiff found to have signal light on about 75 feet from private driveway. Male plaintiff awarded $200.00 for general damages for personal injuries for kidney ailment although she had not been to see a doctor since the accident. Young male plaintiff awarded $1,000.00 general damages for persona injuries for 4-5 inch permanent visible scar on forehead, one-half of which is in scalp. Female plaintiff awarded $1,500.00 general damages for personal injuries resulting from fractured skull and 2 weeks of hospitalization. Judge refused to award anything for possibility of epilepsy, and stated Court must act only on probabilities and not possibilities.

Damage Awards - Topic 61

Injury and death - Body injuries - Kidney - See paragraph 18.

Damage Awards - Topic 102

Injury and death - Head injuries - Brain damage - See paragraph 20.

Damage Awards - Topic 103

Injury and death - Head injuries - Lacerations and abrasions - See paragraph 19.

Damage Awards - Topic 205

Injury and death - Psychological injuries - Mental distress - See paragraph 16.

Torts - Topic 406

Negligence - Motor vehicle - Rules of the road - Passing - Failure to drive to the right of the centre of the road - See paragraphs 1 to 14.

Torts - Topic 411

Negligence - Motor vehicle - Rules of the road - Making turns - Left turns - See paragraphs 1 to 14.

Counsel:

J.Y. Arseneau, for the plaintiffs;

Paul Godin, for the defendant.

This case was heard on the Restigouche County Circuit Court during the 1966 February Term, before Pichette, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on March 28, 1966.