Ross v. Flemming et al., [1966] N.B. Law News No. 66 (QB)

• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: August 18, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 66 (QB)

Ross v. Flemming, [1966] N.B. Law News No. 66 (QB)

MLB Law News

Vincent Lloyd Ross as Administrator of the Estate of Mary Linda Lean Ross, Deceased, Vincent Lloyd Ross, in his own right, Joseph Lloyd Wayne Ross, an infant, Linda Marie Ross, an infant, the said infants by their next friend, Vincent Lloyd Ross (plaintiffs) v. Robert Flemming and Life Savers Ltd., a body corporate, having its head office at the City of Hamilton, in the Province of Ontario (defendants)

(493/64/C; Archives RS48/1964/493)

Indexed As: Ross v. Flemming et al.

New Brunswick Supreme Court

Queen's Bench Division

Cormier, C.J.Q.B.D.

August 18, 1966.

Summary:

Damage Award--Knee Injury--Fatal Accident Act - On assessment for personal injury arising out of automobile accident where wife of Plaintiff died and where liability was admitted, Court awarded to Plaintiff $15,454. special damages and $14,000. general damages for personal injury consisting of comminuted compound fracture of paletta of right knee requiring an emergency operation and extensive physiotherapy. Permanent functional disability of 75% to right leg and probable chronic arthritis. $500. general damages for personal injuries to 2 1/2 year old infant Plaintiff for fractured skull. $150. general damages for personal injuries to 3 1/2 year old infant Plaintiff for broken collar bone. Under Fatal Accidents Act $10,000. was awarded to husband with a reduction of $1,500. which was recovered under an accident insurance policy and $4,000 and $3,000. to the infant Plaintiffs. Considerations in assessing damage under Fatal Accidents Act -- see Vana v. Tosta (1964) 45 D.L.R.(2d) 574 and Allain v. Dunn (1960) 23 D.L.R.(2d) 770 (N.B. Court of Appeal).

Damage Awards - Topic 58

Injury and death - Clavicla and sternum - See paragraph 3.

Damage Awards - Topic 84

Injury and death - Wrongful death and fatal accidents - Mother and wife - See paragraph 7.

Damage Awards - Topic 105

Injury and death - Head injuries - Skull - See paragraph 3.

Damage Awards - Topic 130

Injury and death - Leg injuries - Knee - See paragraphs 4 to 6.

Counsel:

A.G.W. Gilbert, for the plaintiff;

W.G. Stewart, Q.C., for the defendant.

This case was heard at the Saint John Circuit, before Cormier, C.J.Q.B.D., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on August 18, 1966.