Rainville Automobile Limited v. Primiano

Rainville Automobile Limited v. Primiano

In an action under art. 1056 C.C., the defendant may invoke the contributory negligence of the deceased to limit liability; where fault is concurrent, damages must be apportioned according to the share of fault, and the employer was vicariously liable for the employee's negligence; therefore the appellate court's apportionment and awards stand and both appeal and cross-appeal are dismissed.

Citation
[1958] SCR 416
Parties
Defendant/appellant: Rainville Automobile Limited; Plaintiffs/respondents: Dame Angelantonia Primiano et al.; Defendant (personal): Albert Rainville; Defendant (original, Action Discontinued): Lucien Normandin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 June 1958
Procedural Posture
Tort (fatal Accident Under Art. 1056 C.c.) / Appeal to Supreme Court of Canada From Quebec Court of Queen's Bench; Judgment on Appeal and Cross Appeal
Outcome
Appeal dismissed with costs; cross-appeal dismissed without costs.
Legal Topics
Contributory Negligence, Article 1056 C.c., Apportionment of Damages, Employer Liability for Employee Acts
Source Language
English
Torts Fatal Accidents Motor Vehicle Law Civil Liability Vicarious Liability Contributory Negligence Article 1056 C.c. Apportionment of Damages +1 more

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Parties

Rainville Automobile Limited

Defendant/appellant

Dame Angelantonia Primiano et al.

Plaintiffs/respondents

Albert Rainville

Defendant (personal)

Lucien Normandin

Defendant (original, Action Discontinued)

Procedural Posture

Tort (fatal Accident Under Art. 1056 C.c.) / Appeal to Supreme Court of Canada From Quebec Court of Queen's Bench; Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether contributory negligence of the deceased can be invoked to reduce recovery by beneficiaries under art. 1056 C.C.
  2. 2 Whether employer Rainville Automobile Limited is vicariously liable for acts of Normandin
  3. 3 Whether damages should be apportioned between victim and defendant and in what proportion

Ratio Decidendi

In an action under art. 1056 C.C., the defendant may invoke the contributory negligence of the deceased to limit liability; where fault is concurrent, damages must be apportioned according to the share of fault, and the employer was vicariously liable for the employee's negligence; therefore the appellate court's apportionment and awards stand and both appeal and cross-appeal are dismissed.

Court Disposition

Appeal dismissed with costs; cross-appeal dismissed without costs.

Orders

  • Appeal dismissed with costs.
  • Cross-appeal dismissed without costs.