Savoie v. K-Mart Canada Ltd., (1990) 110 N.B.R.(2d) 388 (TD)

• Judge: McLellan, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: October 19, 1990
• Jurisdiction: New Brunswick
• Citations: (1990), 110 N.B.R.(2d) 388 (TD)

Savoie v. K-Mart Can. Ltd.(1990), 110 N.B.R.(2d) 388 (TD);

    110 R.N.-B.(2e) 388; 276 A.P.R. 388

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Eliza Savoie (plaintiff) v. K-Mart Canada Limited (defendant)

(C/C/73/87)

Indexed As: Savoie v. K-Mart Canada Ltd.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Campbellton

McLellan, J.

October 31, 1990.

Summary:

The plaintiff slipped and fell in a puddle of spilled liquid soap in a K-Mart store aisle. She suffered a broken hip. The plaintiff brought an action for damages against K-Mart as occupier.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the action and assessed damages accordingly. The spilled soap was an unusual danger which K-Mart knew or ought to have known about and K-Mart personnel did not use reasonable care to prevent the incident.

Damage Awards - Topic 59

Personal injury and death - Body injuries - Hip - A 56 year old woman fractured her left hip in a 1986 fall - Her stable leukemia condition made her more susceptible to a fracture - Suffered emotional trauma and depression - Forced to retire from teaching because of lack of mobility - Walking and standing difficult - Future hip replacement surgery required - Recreational activities severely limited - The New Brunswick Court of Queen's Bench, Trial Division, awarded the woman $40,000 general damages for nonpecuniary loss.

Torts - Topic 3577

Occupiers' liability for dangerous premises - Negligence of occupier - Floors - A 56 year old shopper slipped in a puddle of clear liquid soap that had been spilled in a centre aisle at a K-Mart store - One K-Mart employee had noticed the smell, yet chose not to investigate - Responsibility for the centre aisle was not specifically assigned to any department - The New Brunswick Court of Queen's Bench, Trial Division, stated that the spilled liquid was an unusual danger which K-Mart knew or ought to have known existed - K-Mart employees failed to use reasonable care to prevent the incident, accordingly, K-Mart was liable in damages to the shopper.

Cases Noticed:

Indermaur v. Dames (1866), L.R. 1 C.P. 274, refd to. [para. 2].

Smith v. Provincial Stores Limited (1962), 32 D.L.R.(2d) 405, refd to. [para. 3].

Campbell v. K-Mart Canada Limited (1981), 44 N.S.R.(2d) 21; 83 A.P.R. 21, refd to. [para. 4].

Lingley v. Dominion Stores Limited (1978), 23 N.B.R.(2d) 546; 44 A.P.R. 546, refd to. [par. 4].

Counsel:

Paul E. McIntyre and Gordon W. Kierstead, for the plaintiff;

Terrence P. Lenihan, for the defendant.

This action was heard on August 15, September 17 and October 19, 1990, before McLellan, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Campbellton, who delivered the following judgment on October 31, 1990.