Ryan v. Goguen, [1967] N.B. Law News No. 60 (QB)

• Judge: Dickson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: May 10, 1967
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 60 (QB)

Ryan v. Goguen, [1967] N.B. Law News No. 60 (QB)

MLB Law News

George Ryan and Emery LeBlanc (plaintiff)  v. Adelard Goguen and Yvon  Poirier Ltd. (a body corporate) (defendants)

(5/67/C; Archives RS48/1967/5)

Indexed As: Ryan et al. v. Goguen and Poirier Ltd.

New Brunswick Supreme Court

Queen's Bench Division

Dickson, J.

May 15, 1967.

Summary:

Motor Vehicle Accident - Damage Award - Negligence apportioned 2/3 against plaintiff Ryan and 1/3 against defendant where collision occurred in near darkness on road undergoing repair. Plaintiff collided with oncoming compacter being hauled by tractor driven by employee of Defendant. Compacter was wider than tractor and protruded about a foot on either side of it. Defendant was on wrong side of road and plaintiff attempted to continue on his own side and passed the tractor but collided with the protruding compacter. Held plaintiff negligent in not reducing speed and should have been aware of construction work in the area. Defendant negligent in driving tractor-compacter on left side of road and against the oncoming traffic when he knew or should have known that this would only serve to confuse drivers of approaching vehicles. Liability of defendant to plaintiff LeBlanc, a passenger, is restricted to 1/3 of damages by virtue of Section 3 of the Contributory Negligence Act. Plaintiff Ryan's general damages assessed at $1,500.00 for scar below lip and laceration behind left ear and loss of two center teeth of lower jaw requiring partial denture. Plaintiff Ryan's special damages assessed at $1,158.00 which includes $207.00 for loss of earnings. Plaintiff LeBlanc's damages assessed at $4,800.00 general damages for severe lacerations resulting in extensive and substantial scars to face and neck which "while not detracting, do not enhance his appearance".

Counsel:

Louis-Felix LeBlanc and Paul Creaghan, for the plaintiffs;

W. Gerald Stewart, Q.C., and Guy A. Richard, for the defendants.

This case was tried at Westmorland Circuit, Moncton, N.B., on May 10, 1967, before Dickson, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on May 12, 1967, and filed the following decision on May 15, 1967.