Seymour v. Swonek, (1979) 19 A.R. 588 (QB)

• Judge: Cormack, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: July 27, 1979
• Citations: (1979), 19 A.R. 588 (QB)

Seymour v. Swonek (1979), 19 A.R. 588 (QB)

MLB headnote and full text

Seymour v. Swonek

(222741)

Indexed As: Seymour v. Swonek

Alberta Court of Queen's Bench

Judicial District of Edmonton

Cormack, J.

July 27, 1979.

Summary:

This headnote contains no summary.

Damage Awards - Topic 130

Personal injuries and death - Leg injuries - Knee - Torn knee ligament - Facial abrasions and scalp laceration - Hyperextension injury to neck with recovery in 2.5 months - 98 weeks pain and disability from knee finally corrected by surgery - Adult male salesman - The Alberta Court of Queen's Bench awarded $41,000.00 general damages for personal injuries, including loss of earnings - See paragraphs 11 to 38.

Damages - Topic 1565

General damages for personal injuries - Deductions to be considered - Income tax - The Alberta Court of Queen's Bench held that no deduction should be made for income tax from a general damage award for loss of income resulting from personal injuries - See paragraphs 32 to 37.

Torts - Topic 388

Negligence - Motor vehicle - Standard of care of driver - Anticipation - The plaintiff driver was struck by the defendant's vehicle, which failed to stop at a stop sign - The plaintiff saw the defendant approaching the stop sign and was afraid that he would not stop, so the defendant argued that the plaintiff was contributorily negligent in failing to anticipate that the defendant would drive through the stop sign - The Alberta Court of Queen's Bench held that the defendant was wholly at fault and that the plaintiff was not bound to anticipate that he would drive through the stop sign - See paragraphs 1 to 10.

Cases Noticed:

Br. Transport Comm. v. Gourley, [1956] A.C. 185, appld. [para. 33].

Soltys v. Middup Moving & Storage Ltd. et al., 44 W.W.R.(N.S.) 522, consd. [para. 33].

Buck v. Rostill et al. (1965), 51 W.W.R.(N.S.) 319, consd. [para. 33].

R. v. Jennings, [1966] S.C.R. 532, consd. [para. 34].

Gehrman v. Lavoie (1975), 6 N.R. 570; [1976] 2 S.C.R. 561, consd. [para. 35].

Keizer v. Hanna and Buch, [1978] 2 S.C.R. 342; 19 N.R. 209, appld [para. 35].

Authors and Works Noticed:

McGregor on Damages (13th Ed.) [para. 36].

Counsel:

D. Barry Kirkham, for the plaintiff;

Nina L. Foster, for the defendant.

This case was heard at Edmonton, Alberta, before CORMACK, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on July 27, 1979: