Thompson v. Jarvis, (1979) 34 N.S.R.(2d) 507 (TD)

• Judge: Burchell, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: July 31, 1979
• Jurisdiction: Nova Scotia
• Citations: (1979), 34 N.S.R.(2d) 507 (TD)

Thompson v. Jarvis (1979), 34 N.S.R.(2d) 507 (TD);

    59 A.P.R. 507

MLB headnote and full text

Thompson v. Jarvis

(S.H. No. 19413)

Indexed As: Thompson v. Jarvis

Nova Scotia Supreme Court

Trial Division

Burchell, J.

July 31, 1979.

Summary:

This case arose out of a motor vehicle accident in which the plaintiff pedestrian was struck by the defendant driver's vehicle. The accident occurred on a four lane highway with two lanes on each side of a centre divider. The pedestrian attempted to cross the highway but stopped at the divider because a vehicle was approaching in the lane closest to the divider. The vehicle stopped and the driver motioned to the pedestrian to proceed across the last two highway lanes. The pedestrian saw another car approaching from behind the stopped car and in the same lane. The pedestrian started to cross the two lanes. When the pedestrian was almost across the second lane, the defendant's vehicle, which swerved from behind the stopped car, hit him.

The Nova Scotia Supreme Court, Trial Division, held the defendant 80% at fault and the pedestrian 20% at fault for the accident.

Damage Awards - Topic 125

Personal injuries and death - Leg injuries - Fractured and dislocated ankle - Pedestrian - An operation and therapy were required to correct a damaged ankle - The pedestrian also suffered from temporary shoulder and lower back pains - The Nova Scotia Supreme Court, Trial Division, awarded the pedestrian $4,000.00 general damages for pain and suffering.

Damages - Topic 1765

Deduction for payments for assistance by third parties - By statute or government - Social welfare payments - The Nova Scotia Supreme Court, Trial Division, held that an injured party's damages for loss of income should not be reduced by an amount received from social welfare payments during the party's convalescence - See paragraph 9.

Torts - Topic 361

Negligence - Motor vehicles - Pedestrian - Duty of pedestrian to take reasonable care -A pedestrian was at the centre divider of a four lane highway - The car in the lane closest to the divider stopped to let the pedestrian cross - The pedestrian saw another vehicle approaching behind the stopped vehicle but attempted to cross the highway anyway - Upon reaching the far side of the parked vehicle, the pedestrian failed to look to see where the other vehicle was before he crossed the last lane - The vehicle struck the pedestrian - The Nova Scotia Supreme Court, Trial Division, held the pedestrian 20% at fault because he failed to take reasonable care in a dangerous situation - See paragraphs 3 and 4.

Torts - Topic 392

Negligence - Motor vehicles - Standard of care of driver - Respecting pedestrian - A pedestrian was at the centre divider of a four lane highway - A car in the lane closest to the divider stopped to let the pedestrian cross - A car approaching behind the parked car swerved to the other lane to pass it and struck the pedestrian who was almost completely across the second lane - The speed limit was 40 miles per hour and visibility was clear - The Nova Scotia Supreme Court, Trial Division, held the defendant 80% at fault because he failed to take precautions to avoid hitting the pedestrian whom he should have seen crossing the highway - See paragraphs 3 and 4.

Cases Noticed:

Andrews v. Grand & Toy Alberta Limited et al. (1978), 8 A.R. 182; 19 N.R. 50; [1978] 1 W.W.R. 577; 83 D.L.R.(3d) 452; [1978] 2 S.C.R. 229, appld. [para. 6].

Roy's Midway Ltd. v. Auto Haulaway Ltd. (1979), 29 N.S.R.(2d) 62; 45 A.P.R. 62, refd to. [para. 6].

Skinner et al. v. Maloney et al. (1977), 18 N.S.R.(2d) 210; 20 A.P.R. 210, refd to. [para. 6].

Jones & Jones v. Johnson (1977), 18 N.S.R.(2d) 67; 20 A.P.R. 67, refd to. [para. 6].

O'Connell & O'Connell v. Gosley (1976), 15 N.S.R.(2d) 694; 14 A.P.R. 694, refd to. [para. 6].

Boarelli v. Flannigan, [1973] 3 O.R. 69; 36 D.L.R.(3d) 4, appld. [para. 8].

Slaunwhite v. Weaver (1975), 19 N.S.R.(2d) 248; 24 A.P.R. 248, appld. [para. 8].

Garrison v. Lively et al. (1978), 28 N.S.R.(2d) 557; 43 A.P.R. 557, refd to. [para. 9].

Guy v. Trizec Equities Limited et al. (1978), 26 N.S.R.(2d) 1; 40 A.P.R. 1, refd to. [para. 8].

Statutes Noticed:

Motor Vehicle Act, R.S.N.S. 1967, c. 191, sect. 221 [para. 3].

Counsel:

Patrick Curran, for the plaintiff;

David Miller, for the defendant.

This case was heard at Halifax, Nova Scotia, before BURCHELL, J., of the Nova Scotia Supreme Court, Trial Division.

On July 31, 1979, BURCHELL, J., delivered the following judgment: