Saper v. Calgary (City), Monkman and "Mary Doe", (1979) 21 A.R. 577 (QB)

• Judge: Moshansky, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 26, 1979
• Citations: (1979), 21 A.R. 577 (QB)

Saper v. Calgary (1979), 21 A.R. 577 (QB)

MLB headnote and full text

Saper v. City of Calgary, Monkman and "Mary Doe"

(130811)

Indexed As: Saper v. Calgary (City), Monkman and "Mary Doe"

Alberta Court of Queen's Bench

Judicial District of Calgary

Moshansky, J.

November 26, 1979.

Summary:

This headnote contains no summary.

Damage Awards - Topic 150

Personal injuries and death - Multiple injuries - The plaintiff 71 year old woman fell on a bus - Severe bruising of face and chest - Injury to little finger - Bruising and injury to knees, head, neck, arm, elbow and back - Aggravation of preexisting degenerative arthritic back problem - Residual facial pain from neuritis and residual pain, limited motion and crepitus of neck - Residual limitation of spinal movement - The Alberta Court of Queen's Bench awarded the plaintiff $10,000.00 general damages for personal injuries - See paragraphs 13 to 21.

Torts - Topic 20

Negligence - Standard of care - Child - Standard expected of - An unknown little girl walked across an intersection in front of a city bus, holding up her arm to stop the traffic - Evidence established that the girl was approximately five years old - The Alberta Court of Queen's Bench dismissed an action against the girl for negligence and held that, being of tender years, she was not capable of negligence - See paragraphs 9 to 12.

Torts - Topic 396

Negligence - Motor vehicle - Standard of care of driver - Bus driver - The defendant city bus driver picked up a 71 year old woman, then started off before the woman could reach an available seat - While she was still moving to a seat, the bus driver stopped suddenly to avoid hitting a five year old girl, who walked across an intersection in front of the bus - The woman was thrown to the floor and injured - The bus driver knew that he was proceeding through an area frequented by school and day care children and the girl was visible before she crossed the intersection - The Alberta Court of Queen's Bench allowed the woman's action against the bus driver for damages in negligence - The Court of Queen's Bench held that the bus driver was negligent in starting off before the woman was seated, in failing to see the girl in time and in not taking adequate care in an area frequented by children - The Court of Queen's Bench held that the standard of care required of the bus driver was of a very high degree in the circumstances - See paragraphs 1 to 8.

Cases Noticed:

Day v. Toronto Transportation Comm. et al., [1940] S.C.R. 433, appld. [para. 5].

Folb v. Metropolitan Corp. of Greater Winnipeg (1968), 65 W.W.R.(N.S.) 49, appld. [para. 8].

Wyrzykowsky v. Hudson's Bay Company, [1938] S.C.R. 278, appld. [para. 10].

Tillander v. Gosselin, [1967] 1 O.R. 203, appld. [para. 10].

McEllistrum v. Etches, [1956] S.C.R. 787, appld. [para. 10].

Counsel:

J. Barrie Marshall, for the plaintiff;

Daniel Schlittner, for the defendants City of Calgary and John Monkman;

James B. Rooney, for the defendant "Mary Doe" and Administrator of the Motor Vehicle Accident Claims Fund.

This case was heard at Calgary, Alberta, before MOSHANSKY, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on November 26, 1979: