Thompson v. Glavin and Northern Assurance Co., (1969) 2 N.B.R.(2d) 239 (QB)

• Judge: Robichaud, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: December 12, 1969
• Jurisdiction: New Brunswick
• Citations: (1969), 2 N.B.R.(2d) 239 (QB)

Thompson v. Glavin (1969), 2 N.B.R.(2d) 239 (QB);

    2 R.N.-B.(2e) 239

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Thompson v. Glavin and Northern Assurance Company Limited

(Third Party)

Indexed As: Thompson v. Glavin and Northern Assurance Co.

Répertorié: Thompson v. Glavin and Northern Assurance Co.

New Brunswick Court of Queen's Bench

Robichaud, J.

December 12, 1969.

Summary:

Résumé:

The New Brunswick Court of Queen's Bench held defendant/driver of vehicle 100% at fault for damages of plaintiff/passenger for gross negligence pursuant to Section 242(1) of the Motor Vehicle Act, 1955.

The New Brunswick Court of Queen's Bench held that the defendant/driver's gross negligence consisted of apparent intoxication resulting in erratic driving and the motor vehicle leaving the highway and rolling over in the ditch. Just prior to the accident the defendant/driver's wife remonstrated him for erratic driving. Following the accident the defendant/driver pleaded guilty to a charge of impaired driving and Court held that on a balance of probabilities the defendant was impaired to such a degree as would effect his ability to control his vehicle immediately prior to the accident.

Torts - Topic 328

Negligence - Motor vehicle, gratuitous passengers - What constitutes gross negligence - Plaintiff gratuitous passenger (New Brunswick Court of Queen's Bench).

Damage Awards - Topic 125

Injury and death - Leg injuries - Ankle - Severe fracture of ankle and fracture of wrist - Permanent partial disability of ankle - 54 year old female housekeeper - The New Brunswick Court of Queen's Bench awarded $8,000 general damages for personal injuries.

Cases Noticed:

LeBlanc et al. v. Boissoneau (1969), 1 N.B.R.(2d) 396, folld.

McCullough v. Murray, [1954] S.C.R. 141, folld.

Hanes v. The Wawanesa Mutual Insurance Co. (1963), C.L.R. 154, folld.

Statutes Noticed:

Motor Vehicle Act, S.N.B. 1955, c. 13, sect. 242(1).

Counsel:

J.D. Harper, for the plaintiff;

R.B. Cochrane, for the defendant;

J. Turney Jones, for the third party.

ACTION for damages for personal injuries for negligence by passenger against driver of a motor vehicle.