Thomas v. Leonard and Flemming Industries Ltd., (1978) 22 N.B.R.(2d) 181 (QB)

• Judge: Dickson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: May 20, 1978
• Jurisdiction: New Brunswick
• Citations: (1978), 22 N.B.R.(2d) 181 (QB)

Thomas v. Leonard (1978), 22 N.B.R.(2d) 181 (QB);

    22 R.N.-B.(2e) 181; 39 A.P.R. 181

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Thomas v. Leonard and Flemming Industries Limited

Indexed As: Thomas v. Leonard and Flemming Industries Ltd.

Répertorié: Thomas v. Leonard and Flemming Industries Ltd.

New Brunswick Court of Queen's Bench

Dickson, J.

May 20, 1978.

Summary:

Résumé:

This case arose out of the plaintiff's claim in negligence against the defendants for damages arising out of a motor vehicle collision. The plaintiff driver turned left across the highway into his driveway after signalling his turn too late to warn the overtaking defendant driver. The defendant did not sound his horn on overtaking the plaintiff's vehicle. The defendants' vehicle struck the plaintiff's vehicle. The plaintiff brought an action against the defendants for damages.

The New Brunswick Court of Queen's Bench, allowed the action in part and held the plaintiff 60% and the defendant 40% at fault.

Damage Awards - Topic 178

Personal injuries and death - Neck injuries - Whiplash - Pain and stiffness in neck and shoulder muscles resulting from disc injury to 5th and 6th cervical vertebra - Intermittent pain to time of trial two years later - Prospect of continuing pain with possibility of osteoarthritis - 18 year old male student with subsequent employment as truck driver - The New Brunswick Court of Queen's Bench, awarded $7,000.00 general damages for personal injuries - See paragraphs 12 to 13.

Torts - Topic 411

Negligence - Motor vehicle - Rules of the road - Making left turns - The New Brunswick Court of Queen's Bench, held a driver 60% at fault in turning left across the highway to his driveway after signalling his turn too late to warn an overtaking driver - See paragraphs 1 to 11.

Torts - Topic 533

Negligence - Motor vehicle - Signals and warnings - Horn - Overtaking another vehicle - The New Brunswick Court of Queen's Bench, held an overtaking driver 40% at fault in failing to sound his horn on overtaking another vehicle on the highway - See paragraphs 1 to 11.

Counsel:

Robert L. Kenny, for the plaintiff;

Richard Scott, for the defendants.

This case was heard on May 17, 1978, at Fredericton, N.B., before DICKSON, J., of the New Brunswick Supreme Court, Queen's Bench Division.

On May 20, 1978, DICKSON, J., delivered the following judgment: