Scott v. Marshall
British Columbia Supreme Court
[1965] 55 D.L.R. 2d 58 (1965)
- Written by Sarah Hoffman, JD
Facts
Mr. and Mrs. Scott (plaintiffs) rode as passengers in their own car, which they allowed Marshall (defendant) to drive. The Scotts were injured in a car wreck. Mrs. Scott sued Marshall for injuries sustained, and Mr. Scott joined in the case, making claims for special damages, including certain of Mrs. Scott’s medical expenses, the expense of having to hire household help, and loss of consortium and services from Mrs. Scott. Under British Columbia Motor Vehicle Act § 71, an injured car passenger was required to prove gross negligence in order to sustain a claim for her injuries against the driver. Marshall was not guilty of gross negligence, and Mrs. Scott’s claims were therefore barred as a matter of law. The Scotts took the position that § 71 would not control with regard to Mr. Scott’s claims for special damages and that proof of only ordinary negligence should therefore be required for Mr. Scott’s claims.
Rule of Law
Issue
Holding and Reasoning (Aikins, J.)
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