Simms v. Butt, (1972) 3 Nfld. & P.E.I.R. 537 (NFSC)

• Judge: Higgins, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: November 29, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 3 Nfld. & P.E.I.R. 537 (NFSC)

Simms v. Butt (1972), 3 Nfld. & P.E.I.R. 537 (NFSC)

MLB headnote and full text

Simms v. Butt

Indexed As: Simms v. Butt

Newfoundland Supreme Court

At Trial

Higgins, J.

November 29, 1972.

Summary:

This action for damages for personal injuries arose out of a motor vehicle collision in which the defendant's motor vehicle struck the plaintiff's motor vehicle from the rear. Judgment was entered for the plaintiff by consent and the trial court awarded the plaintiff $4,500.00 general damages for personal injuries.

When the plaintiff returned to his employment, his prior job as a shop foreman was no longer available. Consequently, the plaintiff was forced to work as a mechanic for less remuneration. He also had to pay monthly union dues. The trial court held that the plaintiff could not recover damages for the loss of income or the requirement to pay union dues, since these were not foreseeable consequences of the defendant's negligence.

Damage Awards - Topic 178

Injury and death - Neck injuries - Whiplash or soft tissue injury to neck - Residual pain over two years after accident - 48 year old male mechanic - Newfoundland Supreme Court awarded $4,500.00 general damages for personal injuries.

Damages - Topic 536

Limits of compensatory damages - Remoteness, torts - Nonrecoverable damages, indirect consequences of fault - Victim of accident forced to work at less remunerative job because his prior job was no longer available - New job required payment of union dues - Newfoundland Supreme Court held no damages were recoverable for the decrease of income or the requirement to pay union dues - Paragraphs 4 and 5.

Cases Noticed:

Overseas Tankship (U.K.) Limited v. Morts Dock and Engineering Company Limited (The Wagon Mound), [1961] A.C. 358, refd to.

Counsel:

Michael J. Monaghan, for the plaintiff;

Alan F. Caule, for the defendant.