Strutz et al. v. Ellingson et al., (1977) 2 A.R. 485 (TD)

• Judge: MacDonald, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 09, 1977
• Citations: (1977), 2 A.R. 485 (TD)

Strutz v. Ellingson (1977), 2 A.R. 485 (TD)

MLB headnote and full text

Strutz et al. v. Ellingson et al.

Indexed As: Strutz et al. v. Ellingson et al.

Alberta Supreme Court

Trial Division

Judicial District of Calgary

MacDonald, J.

February 9, 1977.

Summary:

This headnote contains no summary.

Damage Awards - Topic 56

Body injuries - Rib fractures, soft tissue injuries to chest and shoulder and persistent headaches - 31 year old business woman - The Alberta Supreme Court, Trial Division, awarded the plaintiff $4,000.00 general damages for personal injuries - See paragraphs 4 to 6 and 17 to 23.

Damage Awards - Topic 113

Head injuries - Ear injury resulting in hearing loss and aggravation of pre-existing back condition - 42 year old businessman - Permanent partial disability - The Alberta Supreme Court, Trial Division, awarded the plaintiff $10,000.00 general damages for personal injuries - See paragraphs 7 to 16.

Evidence - Topic 109

Standard or degree of proof - Causality - Motor vehicle accident - Whether the plaintiff's mental depression resulted from the accident - The Trial Division dismissed the plaintiff's claim for damages arising out of her mental depression - The Alberta Supreme Court, Trial Division, stated that the plaintiff failed to establish, on a balance of probability, that the accident caused her complaint - See paragraph 22.

Cases Noticed:

Roe v. Minister of Health, [1954] 2 Q.B. 66, folld. [para. 19].

Enge v. Trerise (1960), 33 W.W.R.(N.S.) 577, folld. [para. 20].

Guay v. Sun Publishing Company, [1953] 2 S.C.R. 216, folld. [para. 20].

Marriott v. Maltby Main Colliery Co. (1920), 90 L.J.K.B. 349, folld. [para. 21].

Authors and Works Noticed:

Pollock on Torts (15th Ed.), p. 37 [para. 20].

Mayne and McGregor on Damages (12th Ed.), para. 43, p. 37 [para. 15].

Counsel:

A. Hunter, for the plaintiffs;

J. Waite, for the defendants.

This case was heard by MacDONALD, J., at Calgary, Alberta. The judgment of the Trial Division was delivered by MacDONALD, J., on February 9, 1977.