Stephen v. Ogden et al., (1996) 112 Man.R.(2d) 115 (QB)

• Judge: Kennedy, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: September 13, 1996
• Jurisdiction: Manitoba
• Citations: (1996), 112 Man.R.(2d) 115 (QB)

Stephen v. Ogden (1996), 112 Man.R.(2d) 115 (QB)

MLB headnote and full text

Donald Edward Allan Stephen (plaintiff) v. Jamie Ogden, Tracey Bousquet and the Rural Municipality of Ste. Anne (defendants)

(Suit No. CI 92-01-62747)

Indexed As: Stephen v. Ogden et al.

Manitoba Court of Queen's Bench

Winnipeg Centre

Kennedy, J.

September 13, 1996.

Summary:

Stephen suffered personal injuries in a motorcycle accident. He sued the defendants for general damages, loss of past and future income and special damages. Liability was admitted.

The Manitoba Court of Queen's Bench assessed damages accordingly.

Damage Awards - Topic 56

Injury and death - Body injuries - Chest (incl. lungs and ribs) - A labourer, em­ployed in moderate to heavy work, suf­fered a fractured right clavicle, fractured lumbar vertebrae and broken ribs in an accident - Left with partial disability with restriction of some movement and inability to do the heavy lifting previous employ­ment required - Did not follow recom­mended physiotherapy - Did not reenter the work force while he received disability benefits - The Manitoba Court of Queen's Bench fixed nonpecuniary general damages at $65,000, including $35,000 to compen­sate for future loss based on diminished earning capacity - See paragraphs 33 to 46.

Damage Awards - Topic 57

Injury and death - Body injuries - Shoul­der - [See Damage Awards - Topic 56 ].

Damage Awards - Topic 68

Injury and death - Body injuries - Back - Vertebral fracture or displacement - [See Damage Awards - Topic 56 ].

Damage Awards - Topic 492

Injury and death - General damage awards - Loss of earning capacity - [See Damage Awards - Topic 56 ].

Cases Noticed:

Smith v. Herda (1994), 98 Man.R.(2d) 210 (Q.B.), refd to. [para. 37].

Zaba v. Saskatchewan Institute of Applied Science and Technology et al., [1996] 1 W.W.R. 534; 138 Sask.R. 1 (Q.B.), refd to. [para. 42].

Hrynchuk v. Fetterly et al. (1995), 101 Man.R.(2d) 51 (Q.B.), refd to. [para. 43].

Counsel:

G.M. Wood, for the plaintiff;

D. Scaletta, for the defendant, Ogden;

J.M. Holstrom, for the defendant, Bous­quet.

This case was heard before Kennedy, J., of the Manitoba Court of Queen's Bench, Win­nipeg Centre, who delivered the following judgment on September 13, 1996.