Walker v. Friesen, Thomas and Rosslyn Motor Inn Ltd., (1979) 22 A.R. 431 (QB)

• Judge: Bracco, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 12, 1979
• Citations: (1979), 22 A.R. 431 (QB)

Walker v. Friesen (1979), 22 A.R. 431 (QB)

MLB headnote and full text

Wlker v. Friesen, Thomas and Rosslyn Motor Inn Ltd.

(92326)

Indexed As: Walker v. Friesen, Thomas and Rosslyn Motor Inn Ltd.

Alberta Court of Queen's Bench

Bracco, J.

December 12, 1979.

Summary:

This headnote contains no summary.

Torts - Topic 3707

Occupier's liability for dangerous premises - Invitees - Taverns - The plaintiff brought a negligence action against a tavern owner for damages for personal injuries suffered while a patron in the tavern - The plaintiff was playing pool when the other pool player struck the plaintiff on the head with a pool cue - The plaintiff alleged that the tavern was not properly supervised - The injury occurred at approximately 3:30 p.m. - The bar manager and a barmaid were serving patrons and supervising - The tavern bouncers did not start work until later in the evening - The tavern was quiet because there were only a few patrons - Witnesses testified that the assailant did not appear to be intoxicated and the attack was sudden, unprovoked and unexpected - The Alberta Court of Queen's Bench dismissed the action against the tavern owner and held that proper supervision was made - See paragraphs 6 to 12.

Counsel:

R.W. Rand, for the plaintiff Ronald Arthur Walker;

W. Sowa, for the defendant Rosslyn Motor Inn Ltd.;

A. Hardy, for Wilfred Neil Friesen.

This case was heard by BRACCO, J., of the Alberta Court of Queen's Bench.

On December 12, 1979, BRACCO, J., delivered the following judgment: