Sutton v. Reid, (1980) 39 N.S.R.(2d) 384 (TD)

• Judge: Glube, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: May 07, 1980
• Jurisdiction: Nova Scotia
• Citations: (1980), 39 N.S.R.(2d) 384 (TD)

Sutton v. Reid (1980), 39 N.S.R.(2d) 384 (TD);

    71 A.P.R. 384

MLB headnote and full text

Sutton v. Reid

(S.P. No. 00384)

Indexed As: Sutton v. Reid

Nova Scotia Supreme Court

Trial Division

Glube, J.

May 7, 1980.

Summary:

This headnote contains no summary.

Damage Awards - Topic 178

Neck injuries - Whiplash - Prolonged chronic pain and suffering - 27 year old housewife and registered nurse although not nursing at the time of the accident - The Nova Scotia Supreme Court, Trial Division, assessed the plaintiff's general damages at $20,000.00 including an amount for the probability that she would never be able to nurse again - See paragraph 28.

Torts - Topic 376

Negligence - Motor vehicles - Standard of care of driver - keeping a proper lookout - The plaintiff was driving a van at approximately 400 to 600 feet behind her husband's van - The husband pulled to the left to overtake a vehicle which stopped in a right turning lane - The plaintiff did not see the stopped vehicle until her husband pulled out - The plaintiff attempted to overtake the vehicle but traffic immediately behind her occupied both lanes so she attempted to stop instead - The plaintiff stopped a few feet behind the parked vehicle and was then hit from behind - The plaintiff brought an action against the driver who hit her - The Nova Scotia Supreme Court, Trial Division, allowed the plaintiff's action in part - The Trial Division held the plaintiff 10% at fault for failing to take action sooner than she did and thereby putting traffic behind her in peril - See paragraph 28.

Torts - Topic 394

Negligence - Motor vehicles - Standard of care of driver - On braking - The plaintiff was driving a van behind her husband's van - The husband pulled to the left to overtake a vehicle stopped in a right turning lane - The plaintiff stopped her vehicle a few feet behind the parked vehicle - The defendant hit the plaintiff from behind - Upon seeing the plaintiff apply her brakes, the defendant failed to continuously apply his brakes - The defendant could not overtake on the left because another vehicle was passing him at the time - The plaintiff brought an action against the defendant - The Nova Scotia Supreme Court, Trial Division, held the defendant 25% at fault for failing to continuously apply his brakes when he saw the plaintiff apply her brakes and also for travelling at a distance too close to the plaintiff to allow him to stop in an emergency situation - See paragraphs 29 and 69.

Torts - Topic 500

Negligence - Motor vehicles - Parking or stopping - On highway - A car slowed down and stopped in the authorized turning location in the right hand lane of a four lane divided highway - The first vehicle following the stopped car pulled out and passed on the left - The second vehicle following the stopped car came to a stop a few feet behind the car - The third vehicle behind the stopped car hit the second vehicle which in turn hit the stopped car - The Nova Scotia Supreme Court. Trial Division, held the stopped vehicle 65%, at fault for the accident - See paragraph 69.

Cases Noticed:

Conrad and Silver v. Cross and Johnston (1980), 37 N.S.R.(2d) 680; 67 A.P.R. 680, refd to. [para. 31].

McNutt v. Registrar of Motor Vehicles (1978), 25 N.S.R.(2d) 496; 36 A.P.R. 496, refd to. [para. 31].

Cochrane v. Reid and Brekka (1975), 12 N.S.R.(2d) 154; 6 A.P.R. 154, dist. [para. 31].

Nauffts v. Langan (1976), 16 N.S.R.(2d) 10; 16 A.P.R. 10, appld. [para. 64].

Naugler v. MacDonnell (1978), 28 N.S.R.(2d) 453; 43 A.P.R. 453, refd to. [para. 67].

Counsel:

Roseanne M. Skoke, for the plaintiff;

Christopher C. Robinson, for the defendant.

This case was heard on April 24, 1980, by GLUBE, J., of the Nova Scotia Supreme Court, Trial Division.

On May 7, 1980, GLUBE, J. delivered the following judgment: