Simon v. Castonguay et al., [1966] N.B. Law News No. 48 (QB)

• Judge: Pichette, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: February 11, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 48 (QB)

Simon v. Castonguay, [1966] N.B. Law News No. 48 (QB)

MLB Law News

Alma Simon (plaintiff) v. Joseph M. Castonguay and Gilles Cormier (defendants)

And Delima Walker (plaintiff) v. Joseph M. Castonguay and Gilles Cormier (defendants)

(506/65/C; 600/65/C)

Indexed As: Simon v. Castonguay et al.

New Brunswick Supreme Court

Queen's Bench Division

Pichette, J.

July 20, 1966.

Summary:

Motor Vehicle Accident & Damage Awards for Broken Ribs & Fractured Femur - Fault equally divided for auto accident where plaintiff not keeping proper lookout and defendant on entering Trans Canada Highway thought plaintiff was going to stop. Court held where negligence simultaneous, the law of last opportunity has no application - Charlesworth on Negligence approved and Fairweather v. Renton, 50 MPR 7 - N.B. Court of Appeal, not followed. 69-year old, female plaintiff, awarded $1,344 special damages and $1,200 general damages for three broken ribs, twelve days hospitalization, and pain and suffering for one month. 63-year old, female plaintiff, awarded $3,348 special damages and $6,000 general damages for comminuted fracture of femur, two operations, one-inch shortening of leg, and pain and suffering.

Damage Awards - Topic 56

Injury and death - Body injuries - Ribs - See paragraphs 15 to 18.

Damage Awards - Topic 127

Injury and death - Leg injuries - Femur - See paragraphs 19 to 24.

Torts - Topic 376

Negligence - Motor vehicles - Standard of care of driver - Keeping a proper lookout - See paragraphs 1 to 7.

Torts - Topic 417

Negligence - Motor vehicles - Rules of the road - Right of way - Entering through street or highway at the direction of a flagman - See paragraphs 8 to 10.

Torts - Topic 6652

Defences - Ultimate negligence - Last opportunity or ultimate negligence - What constitutes - See paragraphs 8 and 9.

Counsel:

Robert C. Rice, for the plaintiff, Simon;

T.E. Duffie, for the plaintiff, Walker;

P.E. Pelletier, Q.C., and W.G. Stewart, Q.C., for the defendants.

This case was heard before Pichette, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision respecting liability on February 11, 1966, followed by an assessment of damages on July 20, 1966.