Salmon v. Gurney et al., (1997) 153 Sask.R. 1 (QB)

• Judge: Archambault, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 30, 1997
• Jurisdiction: Saskatchewan
• Citations: (1997), 153 Sask.R. 1 (QB)

Salmon v. Gurney (1997), 153 Sask.R. 1 (QB)

MLB headnote and full text

Jodie Salmon (plaintiff) v. Deanna Gurney, Laurie Ruhr and Patrick Ruhr (defendants)

(1992 Q.B. No. 758)

Indexed As: Salmon v. Gurney et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Archambault, J.

January 30, 1997.

Summary:

The plaintiff sued the defendants for dam­ages for injuries sustained while she was a passenger in a motor vehicle operated by the defendant Gurney which was involved in an accident. Gurney admitted liability but dis­puted quantum.

The Saskatchewan Court of Queen's Bench assessed damages accordingly. The action against the two other defendants was dis­missed where no evidence was presented at trial to establish their liability.

Damage Awards - Topic 179

Injury and death - Neck injuries - Soft tissue injuries - The 23 year old female plaintiff suffered a neck and shoulder muscle type injury in a motor vehicle accident - She was a waitress with grade 11 education - She suffered continuing flare ups of pain, restriction in mobility and headaches six years after the accident - During the flare ups she could not do house work or rigorous activities - She could not cope with full-time employment - The Saskatchewan Court of Queen's Bench considered her to be moderately disabled and assessed $48,000 nonpecun­iary general damages, but reduced the award by 5% for failure to mitigate - See paragraphs 33 to 48.

Damage Awards - Topic 182

Injury and death - Neck injuries - Muscle injuries - [See Damage Awards - Topic 179 ].

Damages - Topic 1565

General damages - For personal injury - Deductions - Unclaimed insurance benefits - The plain­tiff sued the defendant for damages for injuries sustained in a motor vehicle acci­dent - The defendant argued that the plaintiff failed to apply for Part II insur­ance benefits to which she was entitled for her disability and as these benefits were forfeited, they should be deducted from the damages awarded (Automobile Accident Insurance Act, s. 79) - The Saskatchewan Court of Queen's Bench rejected the de­fendant's argument where the defendant failed to show that the defendant was qualified and authorized by law to drive a motor vehicle as required by s. 79 - See paragraphs 82 to 91.

Cases Noticed:

Janiak v. Ippolito, [1985] 1 S.C.R. 146; 57 N.R. 241; 9 O.A.C. 1; 16 D.L.R.(4th) 1; 31 C.C.L.T. 113, refd to. [para. 39].

Pascoe v. Ledwich (1979), 2 Man.R.(2d) 71 (C.A.), refd to. [para. 42].

Bunce v. Flick et al., [1991] 5 W.W.R. 623; 93 Sask.R. 53; 4 W.A.C. 53 (C.A.), refd to. [para. 43].

Ede v. Junek and Hart (1990), 87 Sask.R. 126 (C.A.), refd to. [para. 44].

Bouchard v. Kirstein (1983), 25 Sask.R. 79 (C.A.), refd to. [para. 44].

Bookhalter v. Hodel and Hodel (1985), 42 Sask.R. 305 (C.A.), refd to. [para. 44].

Pitre v. Wolstenholma (1995), 132 Sask.R. 183 (Q.B.), refd to. [para. 44].

Peecock v. Altrogge (1995), 131 Sask.R. 241; 95 W.A.C. 241 (C.A.), refd to. [para. 46].

Watkins v. Olafson et al., [1989] 2 S.C.R. 750; 100 N.R. 161; 61 Man.R.(2d) 81; [1989] 6 W.W.R. 481; 61 D.L.R.(4th) 577; 39 B.C.L.R.(2d) 294; 50 C.C.L.T. 101, refd to. [para. 78].

Fobel v. Dean and MacDonald (1991), 93 Sask.R. 121; 4 W.A.C. 121 (C.A.), refd to. [para. 78].

Grimard v. Berry et al. (1992), 102 Sask.R. 137 (Q.B.), refd to. [para. 78].

Frehlick v. McLenehan (1980), 3 Sask.R. 340 (C.A.), refd to. [para. 85].

Herbert v. Misuga (1994), 116 Sask.R. 292; 59 W.A.C. 292 (C.A.), refd to. [para. 85].

Statutes Noticed:

Automobile Accident Insurance Act, R.S.S. 1978, c. A-35, sect. 65 [para. 91]; sect. 79 [para. 84].

Counsel:

S.G. Segal, for the plaintiff;

R.G. Gates, for the defendants.

This action was heard before Archambault, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on Jan­uary 30, 1997.