Strasbourg v. Humbke, (1977) 3 A.R. 55 (CA)

• Judge: Clement, Moir and Haddad, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: March 01, 1977
• Jurisdiction: Alberta
• Citations: (1977), 3 A.R. 55 (CA)

Strasbourg v. Humbke (1977), 3 A.R. 55 (CA)

MLB headnote and full text

Strasbourg v. Humbke

Indexed As: Strasbourg v. Humbke

Alberta Supreme Court

Appellate Division

Clement, Moir and Haddad, JJ.A.

March 1, 1977.

Summary:

This case arose out of the plaintiff's claim in negligence against the defendant for damages arising out of a motor vehicle accident. The Alberta Supreme Court, Trial Division, assessed the plaintiff's general damages for personal injuries in the amount of $132,000.00, including $70,000.00 for loss of prospective earnings, $40,000.00 for loss of earnings to trial and $22,000.00 for loss of amenities. The defendant appealed from the damage award.

The Alberta Court of Appeal allowed the appeal and reduced the general damage award for personal injuries to $50,000.00 inclusive of all three categories of damages.

Damage Awards - Topic 59

Personal injuries and death - Body injuries - Fracture of acetabulum of pelvis resulting in 5 to 10 per cent disability - The plaintiff had a pre-existing degenerative condition of his right knee and his knee cap was removed prior to the accident - The accident resulted in a three per cent permanent partial disability of knee - The plaintiff was an unemployed heavy duty mechanic, who was forced to work as a taxi driver after his recovery at a gross income of $30.00 per day, because he could do no heavier work - The Alberta Supreme Court, Trial Division, awarded the plaintiff $132,000.00 general damages for personal injuries, including $70,000.00 for loss of prospective earnings, $40,000.00 for loss of earnings to trial and $22,000.00 for loss of amenities - The Alberta Court of Appeal held that the awards in all three categories were too high and reduced the award to $50,000.00 inclusive of all three categories.

Practice - Topic 8802

Appeals - Duty of appeal court respecting appeals from the award of damages for personal injuries by a trial judge - The Alberta Court of Appeal reduced an award of general damages for personal injuries, where it was found that the award by the trial judge was inordinately high - See paragraphs 14 to 19.

Cases Noticed:

Andrews v. Grand & Toy Alberta Limited, [1976] 2 W.W.R. 385, consd. [para. 18].

Hamel v. Prather, [1976] 2 W.W.R. 742, consd. [para. 18].

Stannard and Blouin v. Kidner, [1973] 4 W.W.R. 113; 34 D.L.R.(3d) 650 (S.C.C.), consd. [para. 18].

Nance v. B.C. Electric Railway Company, [1951] A.C. 601; 3 D.L.R. 705; 2 All E.R. 448, appld. [para. 18].

Counsel:

R. Sadownik, for the appellant;

D.W. Ross, for the respondent.

This case was heard before CLEMENT, MOIR and HADDAD, JJ.A., of the Alberta Supreme Court, Appellate Division.

On March 1, 1977, MOIR, J.A., delivered the following judgment of the Appellate Division: