Roberts v. 255410 Alberta Ltd., (1984) 53 A.R. 125 (QB)

• Judge: Rowbotham, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 14, 1984
• Citations: (1984), 53 A.R. 125 (QB)

Roberts v. 255410 Alta. Ltd. (1984), 53 A.R. 125 (QB)

MLB headnote and full text

Roberts v. 255410 Alberta Ltd.

(No. 8210 08546)

Indexed As: Roberts v. 255410 Alberta Ltd.

Alberta Court of Queen's Bench

Judicial District of Red Deer

Rowbotham, J.

March 14, 1984.

Summary:

The plaintiff, who injured his back while washing his bus on the defendant's premises, brought a negligence action against the defendant under the Occupiers' Liability Act.

The Alberta Court of Queen's Bench allowed the action and assessed damages.

Damage Awards - Topic 66

Back - 40 year old male - Introverted protrusion of a lumbar disc - Continuous pain in lower back and leg despite physiotherapy - Present disability of 10-15% - Possibility of disc removal and fusion operation in the future - The Alberta Court of Queen's Bench awarded $17,500.00 general damages for non-pecuniary loss - See paragraphs 14 to 15.

Torts - Topic 3577

Occupiers' liability for dangerous premises - Negligence of occupier - Floors - Grating - The plaintiff injured his back while washing his bus in a car and truck wash owned by the defendant - The plaintiff fell through a broken and unrepaired iron grating in one of the wash bays - The Alberta Court of Queen's Bench held that the defendant was liable in negligence as an occupier under the Occupiers' Liability Act, because the defective grating, which constituted a danger, should have been repaired - See paragraphs 7 to 9.

Cases Noticed:

Smith v. Mills et al. (1981), 25 A.R. 439, consd. [para. 15].

Chambers v. Milne (1981), 27 A.R. 295, consd. [para. 15].

White v. Mason (1977), 3 A.R. 556, consd. [para. 15].

Palamaruk v. Eliason (1982), 33 A.R. 404, consd. [para. 15].

Andrews v. Grand & Toy (Alberta) Limited, [1978] S.C.R. 229; 19 N.R. 50; 8 A.R. 182; 3 C.C.L.T. 225; [1978] 1 W.W.R. 557; 83 D.L.R.(3d) 452, appld. [para. 15].

Statutes Noticed:

Occupiers' Liability Act, R.S.A. 1980, c. O-3, sect. 1(a), sect. 1(c), sect. 1(e), sect. 5, sect. 6, sect. 7, sect. 15(1) [para. 7].

Counsel:

Donald J. Manning, for the plaintiff.

Brian Adair, for the defendant.

This action was heard before Rowbotham, J., of the Alberta Court of Queen's Bench, Judicial District of Red Deer, who delivered the following judgment on March 14, 1984.