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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QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.