Richards v. Morgan, (1976) 9 Nfld. & P.E.I.R. 370 (NFCA)

• Judge: Goodridge, J.A. (ex officer), Gushue and Morgan, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: May 13, 1976
• Jurisdiction: Newfoundland and Labrador
• Citations: (1976), 9 Nfld. & P.E.I.R. 370 (NFCA)

Richards v. Morgan (1976), 9 Nfld. & P.E.I.R. 370 (NFCA);

    12 A.P.R. 370

MLB headnote and full text

Richards v. Morgan

Indexed As: Richards v. Morgan

Newfoundland Court of Appeal

Goodridge, J.A. (ex officer), Gushue and Morgan, JJ.A.

June 2, 1976.

Summary:

This case arose out of an action for damages for personal injuries arising out of a motor vehicle accident. The trial court found the plaintiff 75% at fault and found the defendant 25% at fault. The trial court assessed the plaintiff's general damages for personal injuries at $3,000.00. The judgment of the trial court is reported at 5 Nfld. & P.E.I.R. 506. On appeal to the Newfoundland Court of Appeal the appeal was allowed with respect to the general damage award in favour of the plaintiff.

The Newfoundland Court of Appeal increased the plaintiff's general damage award from $3,000 to $6,000.

The Newfoundland Court of Appeal reviewed the authorities with respect to the duty of an appellate court regarding general damage awards made by a trial judge.

Damage Awards - Topic 127

Leg injuries - Fracture of femur - 18 year old male trade school student - Good recovery - One half inch shortening of leg - The Newfoundland Court of Appeal awarded the plaintiff $6,000 general damages for personal injuries.

Damages - Topic 705

Time for assessment - General principles - General damages for personal injuries arising out of a motor vehicle accident - The accident occurred in 1971; the trial court judgment was filed in 1974; and the appeal was heard in 1976 - The Newfoundland Court of Appeal stated that 1976 values should be used by the Newfoundland Court of Appeal in determining the plaintiff's general damage award - See paragraphs 7, 38, 39, 46 and 53.

Practice - Topic 8802

Appeals - Duty of an appellate court regarding damage awards by a trial judge - The Newfoundland Court of Appeal reviewed the authorities and stated a range of values which the trial judge might reasonably have chosen for a general damage award for the plaintiff's personal injuries - See paragraphs 6 to 28, 43 to 45, and 60 to 63.

Cases Noticed:

Nance v. British Columbia Electric Railway Company Ltd., [1951] A.C. 601, folld. [paras. 9, 43 and 60].

Mechanical and General Inventions Co. Ltd. and Lehwess v. Austin and The Austin Motor Co., [1935] A.C. 346, folld. [para. 12].

Flint v. Lovell, [1935] 1 K.B. 354, folld. [paras. 16 and 44].

Davies v. Powell Duffryn Associated Collieries, Ltd., [1942] A.C. 601, folld. [paras. 17, 44 and 61].

Peterson v. McIntosh, [1934] 1 D.L.R. 259, folld. [para. 19].

McCarthy v. Coldair Ltd., [1951] 2 T.L.R. 1226, folld. [para. 21].

MacDonald v. Backman (1976), 13 N.S.R.(2d) 218, folld. [para. 33].

Steeves v. Allan et al. (1975), 11 N.B.R.(2d) 494, folld. [para. 33].

White v. Braam (1975), 9 N.B.R.(2d) 76, folld. [para. 33].

Rogerson & Frizzell v. Vessen (1974), 6 Nfld. & P.E.I.R. 61, folld. [para. 33].

Cobb & Cobb v. Arsenault (1974), 6 Nfld. & P.E.I.R. 75, folld. [para. 33].

Lang v. Pollard (1957), 11 D.L.R.(2d) 161, folld. [paras. 45 and 63].

Quilter v. Mapleson (1882), 9 Q.B.D. 672, folld. [para. 52].

New Brunswick Railway Company v. British and French Trust Corporation, [1939] A.C. 1, folld. [para. 53].

Archibald v. Nesting, [1953] 2 S.C.R. 423, folld. [para. 61].

Ward v. James, [1966] 1 Q.B. 294, folld. [para. 64].

Statutes Noticed:

Rules of Court (Newf.), Order 54, rule 1 [para. 51].

Counsel:

Thomas J. O'Reilly, for the plaintiffs;

David L. Russell, for the defendants.

This appeal was heard by the Newfoundland Court of Appeal at St. John's, Newfoundland on May 13, 1976. Judgment was delivered by the Newfoundland Court of Appeal on June 2, 1976 and the following judgments were filed:

GOODRIDGE, J.A. - see paragraphs 1 to 41,

GUSHUE, J.A. - see paragraphs 42 to 54,

MORGAN, J.A. - see paragraphs 55 to 68.