Skinner Estate v. Stringer et al., (1973) 4 Nfld. & P.E.I.R. 88 (NFSC)

JudgeMifflin, J.
CourtSupreme Court of Newfoundland and Labrador (Canada)
Case DateFebruary 08, 1973
JurisdictionNewfoundland and Labrador
Citations(1973), 4 Nfld. & P.E.I.R. 88 (NFSC)

Skinner Estate v. Stringer (1973), 4 Nfld. & P.E.I.R. 88 (NFSC)

MLB headnote and full text

Skinner's Estate v. Stringer et al.

Indexed As: Skinner Estate v. Stringer et al.

Newfoundland Supreme Court

At Trial

Mifflin, J.

February 8, 1973.

Summary:

This action arose out of the plaintiff's claim for damages arising out of a head-on motor vehicle collision between the defendant's vehicle and a taxi in which the plaintiff and his wife were passengers. The plaintiff's wife was killed in the collision, leaving surviving the plaintiff and four dependant children, aged 11 to 17. The plaintiff brought an action in negligence for damages under the Survival of Actions Act and the Fatal Accidents Act. The Supreme Court allowed the action and found the defendant totally at fault. The Supreme Court awarded the plaintiff $20,000.00 general damages for the benefit of himself and the four children. Only that part of the judgment dealing with damages is set out below.

Damage Awards - Topic 84

Fatal accidents - Mother and wife - Deceased woman left husband and four dependant children aged 11 to 17 - Newfoundland Supreme Court awarded the husband and children $20,000.00 general damages for fatal injuries.

Damages - Topic 2135

Torts - Torts causing death - Deduction of insurance proceeds from damages recoverable - Effect of Newfoundland Fatal Accidents Act, section 5a - Newfoundland Supreme Court held insurance proceeds received by the survivors of deceased were not to be taken into account in assessing damages for fatal injuries - Paragraph 6.

Statutes Noticed:

Fatal Accidents Act, R.S. Nfld. 1952, c. 256, sect. 5A.

Survival of Actions Act, S. Nfld. 1962, c. 30.

Counsel:

P.J. Lewis, Q.C., and John R. Sinnott, for plaintiff;

F.J. Aylward, Q.C., for the defendants.

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