Lotholz v. Charlton et al.

Lotholz v. Charlton et al.

Although the deceased bore the major responsibility because her vehicle was almost entirely on the wrong side of the road, appellant was negligent by hugging the centre of a dust-covered highway at about 50 mph and should have driven further right; appellant's contributory negligence was assessed at 25%, reducing his share of liability to 25% and increasing the deceased's to 75%.

Citation
[1969] SCR 692
Parties
Appellant / Plaintiff / Defendant by Counterclaim: Hugo Lotholz; Respondent / Defendant and Plaintiff by Counterclaim: William Roald Charlton; Respondent / Defendant and Plaintiff by Counterclaim: Anita Kuropatwa; Respondent / Defendant and Plaintiff by Counterclaim: Walter Gene Lazzer; Respondent / Defendant and Plaintiff by Counterclaim: Gloria Moyer; Respondent / Plaintiff: William Charlton; Respondent / Plaintiff (by Next Friend William Charlton): Shirley Charlton (minor); Respondent / Plaintiffs by Counterclaim: Executors of the Estate of Emily Charlton (William Roald Charlton, Anita Kuropatwa, Walter Gene Lazzer, Gloria Moyer); Respondent / Third Party: Canada West Insurance Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 June 1969
Procedural Posture
Appeal / Decision by Supreme Court of Canada on Appeal From Supreme Court of Alberta, Appellate Division
Outcome
Appeal allowed in part: percentage of liability reduced to 25% for appellant; appeal as to damages dismissed.
Legal Topics
Negligence, Motor Vehicle Collision, Apportionment of Liability, Contributory Negligence, Damages, Fatal Accidents Act, Insurance Joinder
Source Language
English
Torts Negligence Motor Vehicle Collision Apportionment of Liability Contributory Negligence Damages Fatal Accidents Act Insurance Joinder

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Parties

Hugo Lotholz

Appellant / Plaintiff / Defendant by Counterclaim

William Roald Charlton

Respondent / Defendant and Plaintiff by Counterclaim

Anita Kuropatwa

Respondent / Defendant and Plaintiff by Counterclaim

Walter Gene Lazzer

Respondent / Defendant and Plaintiff by Counterclaim

Gloria Moyer

Respondent / Defendant and Plaintiff by Counterclaim

William Charlton

Respondent / Plaintiff

Shirley Charlton (minor)

Respondent / Plaintiff (by Next Friend William Charlton)

Executors of the Estate of Emily Charlton (William Roald Charlton, Anita Kuropatwa, Walter Gene Lazzer, Gloria Moyer)

Respondent / Plaintiffs by Counterclaim

Canada West Insurance Company

Respondent / Third Party

Procedural Posture

Appeal / Decision by Supreme Court of Canada on Appeal From Supreme Court of Alberta, Appellate Division

Legal Issues

  1. 1 Whether appellant was negligent and to what degree compared with deceased driver
  2. 2 Proper apportionment of liability in head-on collision on dust-covered road
  3. 3 Whether damages awarded under Fatal Accidents Act were excessive

Ratio Decidendi

Although the deceased bore the major responsibility because her vehicle was almost entirely on the wrong side of the road, appellant was negligent by hugging the centre of a dust-covered highway at about 50 mph and should have driven further right; appellant's contributory negligence was assessed at 25%, reducing his share of liability to 25% and increasing the deceased's to 75%.

Court Disposition

Appeal allowed in part: percentage of liability reduced to 25% for appellant; appeal as to damages dismissed.

Orders

  • Allow appeal as to percentage of liability and fix appellant Hugo Lotholz liability at 25% and deceased at 75%
  • Dismiss appeal as to damages and leave damage awards intact