Thurmeier v. Bray, (1990) 83 Sask.R. 183 (QB)

• Judge: Halvorson, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: May 01, 1990
• Jurisdiction: Saskatchewan
• Citations: (1990), 83 Sask.R. 183 (QB)

Thurmeier v. Bray (1990), 83 Sask.R. 183 (QB)

MLB headnote and full text

Tom Thurmeier (plaintiff) v. Norman Bray (defendant)

(No. 2525 A.D. 1986)

Indexed As: Thurmeier v. Bray

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Halvorson, J.

May 1, 1990.

Summary:

The plaintiff sued the defendant for damages for injuries suffered in a motor vehicle collision between their vehicles. The defendant admitted liability, but pleaded contributory negligence by the plaintiff because of his failure to wear a seat belt.

The Saskatchewan Court of Queen's Bench held that the plaintiff was indeed contributorily negligent and reduced the agreed-upon damages by 15%.

Torts - Topic 346

Negligence - Motor vehicle - Passengers - Contributory negligence of driver - Failure to use safety equipment - The Saskatchewan Court of Queen's Bench stated that the onus was on the defendant to establish that the plaintiff's failure to wear a seat belt constituted contributory negligence - In this case the court accepted an accident reconstruction expert's opinion that the two vehicles collided primarily frontally, in which case use of the seat belt would have reduced injury - The court reduced the plaintiff's damages by 15%.

Torts - Topic 6630

Defences - Contributory negligence - Failure to use safety equipment - [See Torts - Topic 346].

Cases Noticed:

Froom et al. v. Butcher, [1975] 3 All E.R. 520, refd to. [para. 16].

Ohlheiser v. Cummings, [1979] 6 W.W.R. 282 (Sask.), refd to. [para. 16].

Keller v. Kautz (1983), 20 Sask.R. 420, refd to. [para. 16].

Rinas v. Regina et al. (1982), 26 Sask.R. 132, refd to. [para. 16].

Counsel:

K.W. Noble, for the plaintiff;

K.A. Zawislak, for the defendant.

This case was heard before Halvorson, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, whose decision was delivered on May 1, 1990.