Supreme Court

Decision Information

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                                                                     SUPREME COURT OF NOVA SCOTIA

                                                                      Citation: French v. Hodge, 2005 NSSC 44

 

                                                                                                                                                                                     Date: 20040225

                                                                                                                                                                               Docket: SH 171237

                                                                                                                                                                                   Registry:  Halifax

 

Between:

                                                                      Robin Kevin French and Judith Ann Zinck

                                                                                                                                                                                                 Plaintiffs

                                                                                                      vs.

 

    Gregory Allen Hodge                                                                                         Defendant

 

                                                                                   LIBRARY HEADING

 

 

Judge:                                     The Honourable Justice Arthur W. D. Pickup

 

Heard:                                    January 17 to 26, 2005,  in Halifax, Nova Scotia

 

Final Written                        February 4, 2005 - James Chipman

Submissions:                        February 16, 2005 - Peter Rumscheidt

 

Written Decision: February 25, 2005 

 

Subject:                 Personal Injury - Liability and Damages

 

Summary:                             The Plaintiffs were proceeding in the family automobile south on Brigadoon Avenue in Dartmouth, Nova Scotia.  The Defendant was driving his vehicle north on the same street in the opposite direction.  As the Plaintiff passed the intersection of Brigadoon and Charlotte Street, he noticed the Defendant’s vehicle.  Just pass the intersection the cars collided.  The Plaintiffs were injured and brought action claiming damages.  The Defendant claims that the Plaintiff was contributorily negligent. 

Issue:                                      Was there any contributory negligence by the Plaintiff or did the Defendant’s actions alone cause the accident?

What damages should be awarded to the Plaintiffs?

Result:                                   The Defendant was the sole cause of the accident.  No contributory negligence by the Plaintiff. 

The male Plaintiff was awarded general damages of $92,435.34, $9,908.33 for loss of housekeeping capacity and the sum of $57,341.07 for cost of future care.  The male Plaintiff’s claim for loss of future income was denied.  For a period of six years prior to the accident the Plaintiff had not worked nor had he sought employment. 

The female Plaintiff was awarded $37,000 for general damages, $12,500 for loss of housekeeping capacity, $41,000 for diminished earning capacity and $3,000 for cost of future care. 

A quantum meruit claim was allowed to the female Plaintiff and her two children totalling $3,000.

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