– Guignard v Hall, 2013 NBQB 7
The plaintiff, Guignard, was a passenger in a motor vehicle owned by the defendant, Denis Hall, and operated by the defendant Brian Hall. Guignard was seriously injured when he was thrown through the car windshield after the vehicle struck a telephone pole. Guignard claimed significant damages, the amount of which was in dispute. Although liability was admitted, the Halls argued that Guignard should bear some responsibility for failure to wear a seatbelt and that his damages should be reduced by at least 25% pursuant to section 265.2(1) of the Insurance Act. Also at issue was Guignard’s loss of income as Guignard was an upcoming tattoo artist before the accident and claimed he had planned to open his own tattoo shop.
