Wilson v. Phillips (M.E.) & Son Ltd., [1966] N.B. Law News No. 43 (QB)

• Judge: Dickson, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: July 05, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 43 (QB)

Wilson v. Phillips & Son, [1966] N.B. Law News No. 43 (QB)

MLB Law News

Murray Wilson (plaintiff) v. M.E. Phillips & Son Ltd. (defendant)

(554/65/C; Archives RS48/1965/554)

Indexed As: Wilson v. Phillips (M.E.) & Son Ltd.

New Brunswick Supreme Court

Queen's Bench Division

Dickson, J.

July 5, 1966.

Summary:

Motor Vehicle Accident and Damage Award for Back Injury - Defendant held 100 percent responsible for plaintiff's damage arising out of a motor vehicle accident when D entered through highway without stopping or keeping a proper lookout. Male plaintiff awarded $5,257 (including $3,130 for hired help) special damages for personal injury and $25,000 general damages for back injury resulting in muscle atrophy, serious diminution in his ability to make a living as an outfitter for sportsmen and as lumberman, seven months total disability, and two weeks confinement to hospital and severe pain.

Damages Awards - Topic 57

Injury and death - Body injuries - Shoulder - See paragraphs 10 to 13.

Torts - Topic 376

Negligence - Motor vehicle - Standard of Care of driver - Keeping a proper lookout -See paragraphs 1 to 8.

Counsel:

E.J. Mockler and T.C. Gilbert, for the plaintiff;

Henry E. Ryan, Q.C., for the defendant.

This case was heard before Dickson, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on July 5, 1966.