Somers v. Simpson-Sears Ltd., (1978) 21 N.B.R.(2d) 243 (QB)

• Judge: Richard, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: March 31, 1978
• Jurisdiction: New Brunswick
• Citations: (1978), 21 N.B.R.(2d) 243 (QB)

Somers v. Simpson-Sears Ltd. (1978), 21 N.B.R.(2d) 243 (QB);

    21 R.N.-B.(2e) 243; 37 A.P.R. 243

MLB headnote and full text

Sommaire et texte intégral

Somers v. Simpson-Sears Limited

Indexed As: Somers v. Simpson-Sears Ltd.

Répertorié: Somers v. Simpson-Sears Ltd.

New Brunswick Court of Queen's Bench

Richard, J.

March 31, 1978.

Summary:

Résumé:

This case arose out of the plaintiff's claim against the defendant for damages arising out of a fall. The plaintiff 48 year old woman, who was suffering from muscular dystrophy and was wearing smooth soled summer shoes, slipped and fell on the wet floor of the entry of the defendant store. The woman was a part-time employee of the store, but was entering as a shopper. She entered shortly before the opening of business hours and the entry was wet from melted snow from the feet of employees coming to work. The woman brought an action against the store for damages.

The New Brunswick Court of Queen's Bench, dismissed the woman's action and held that the wet floor was not an unusual danger. The New Brunswick Court of Queen's Bench found that the woman's fall was attributable to her disease and her shoes.

Damage Awards - Topic 127

Personal injuries and death - Leg injuries - Fracture of neck of femur - Open reduction required - 2 weeks hospitalization and 2 months in bed at home - Possibility of aseptic necrosis of head of femur - Good recovery - 48 year old working married woman suffering from muscular dystrophy - The New Brunswick Court of Queen's Bench, provisionally assessed general damages for personal injuries at $6,000.00 not including loss of wages - See paragraphs 28 to 32.

Torts - Topic 3705

Occupiers' liability for dangerous premises - Invitees - Liability of retail business - Standard of care - A woman with muscular dystrophy and wearing smooth soled summer shoes slipped in the wet entry of a retail store - The woman was a part-time employee of the store, but was entering as a shopper - She entered shortly before the opening of business hours and the entry was wet from melted snow from the feet of employees coming to work - The New Brunswick Court of Queen's Bench, stated the duty of the store to the woman as an invitee in finding the store not liable for the woman's injuries - See paragraphs 14 to 19.

Torts - Topic 3714

Occupiers' liability for dangerous premises - Invitees - Unusual danger - What constitutes - A woman with muscular dystrophy and wearing smooth soled summer shoes slipped in the wet entry of a retail store - The woman was a part-time employee of the store, but was entering as a shopper - She entered shortly before the opening of business hours and the entry was wet from melted snow from the feet of employees coming to work - The New Brunswick Court of Queen's Bench, held that the wet entry was not an unusual danger and that the store was not liable for the woman's injuries - See paragraphs 20 to 25.

Cases Noticed:

Indemaur v. Dames (1866), L.R. 1 C.P. 274, appld. [para. 14].

Hillman v. McIntosh, [1959] S.C.R. 391, appld. [para. 16].

London Graving Dock Company Limited v. Horton, [1951] A.C. 745, appld. [para. 18].

Young v. Dari Shoppes Limited (1972), 4 N.B.R.(2d) 145, appld. [para. 20].

Authors and Works Noticed:

Charlesworth on Negligence (3rd Ed.), p. 190 [para. 15].

Fleming, The Law of Torts (2nd Ed.), p. 412 [para. 17].

Halsbury's Laws of England (2nd Ed.), vol. 23, pp. 604-605, para. 853 [para. 19].

Counsel:

Randy Roth, for the plaintiff;

George S. Rideout with Steeve Diamond, for the defendant.

This case was heard at Moncton, N.B., before RICHARD, J., of the New Brunswick Supreme Court, Queen's Bench Division.

On March 31, 1978, RICHARD, J., delivered the following judgment: