Judgments

Decision Information

Decision Content

T-1480-83
Claudette Houle (Plaintiff) and
Claudette Houle in her capacity as tutrix to her minor daughter, Catherine Gentès (Plaintiff in that capacity)
and
Martin Gentès (Plaintiff in continuance of suit)
and
Monique Gentès (Plaintiff)
v.
The Queen (Defendant)
INDEXED AS: HOULE V. CANADA
Trial Division, Joyal J.—Drummondville, Quebec, April 6-9, 13-16; Ottawa, July 16, 1987.
Crown Torts Artillery shell emanating from military proving ground picked up by individual not party to action, and cast into fire Explosion killing one person and injuring two others Presumption of fault not rebutted by Crown Risk not eliminated Newspaper notices inadequate "Novus actus interveniens" principle inapplicable Human intervention not breaking causal link Shell not dangerous as result of wrongful act, but dangerous per se Throwing shell into fire hazardous act mitigating Crown's liability.
Civil Code Stray artillery shell exploding when thrown into fire Liability, whether determined under art. 1054 Civil Code or s. 3 Crown Liability Act, subject to same tests Liability founded on presumption of fault against property owner Presumption not rebutted Novus actus interveni- ens principle inapplicable Human intervention not breaking causal link but mitigating Crown's liability.
This is an action against the Crown to recover damages caused by the explosion of an artillery shell. For statement of the facts and arguments of the parties, see the Editor's Note infra.
Held, the plaintiffs should have judgment with the liability of the Crown limited to two-thirds of the damages sustained.
Whether the issue of liability be determined under the civil law which creates a presumption of fault against the owner of a thing or under the common law "duty of care", the result is the same. As owner of a dangerous object which it allowed to escape onto neighbouring land, the Crown cannot avoid liabili-
ty. The presumption of fault, however, does not create absolute liability. It was open to the Crown to rebut that presumption by showing, inter alia, that all safety measures were taken to avoid danger, or that human intervention was the cause of the accident. Neither defence had been established. Although the evidence did indicate that most shells are harmless, it also demonstrated that some do go astray and are never found. They represent a risk which cannot be eliminated. The annual notices published in newspapers would not attract the attention of the readers because of their length and the fact that they stressed the danger of trespassing in the designated zone.
The Crown's argument, that it could not be held liable because the human intervention factor was the sole cause of the accident, had to be rejected. That argument was based on the novus actus interveniens principle: the shell was said to have been in the possession of the person who threw it into the fire for a sufficiently long period of time to break the causal link between the presence of the object on the beach, which might create a presumption of fault, and the subsequent deflagration which was the causa proxima of the damage. The human intervention factor may have added a link to the chain of causation but it did not break the causal link. The shell did not become dangerous as the result of a wrongful act; it was a dangerous object per se because it contained a dangerous substance.
The Crown is liable for the damage sustained, but its liability is mitigated by the action of the individual who threw the shell into the fire. That action was impetuous and hazardous. The individual's admissions that he was ignorant of the danger or firmly believed that the object was not dangerous do not detract from the conclusion that he was partly responsible for the damage suffered.
The principle of joint and several liability, found in article 1106 of the Civil Code, was inapplicable. Joint and several liability does not apply to successive and independent faults such as those in question.
STATUTES AND REGULATIONS JUDICIALLY CONSIDERED
Civil Code of Lower Canada, arts. 1054, 1106. Crown Liability Act, R.S.C. 1970, c. C-38, s. 3.
CASES JUDICIALLY CONSIDERED
APPLIED:
The King v. Laperrière, [1946] S.C.R. 415; Miles v. Forrest Rock Granite Company (Leicestershire) (Lim- ited) (1918), 34 T.L.R. 500 (C.A.); Deguire Avenue Ltd. v. Adler, [1963] B.R. 101 (Que. C.A.).
REFERRED TO:
Grand Trunk Ry. Co. v. McDonald (1918), 57 S.C.R. 268; Montreal City v. Watt and Scott, [1922] 2 A.C. 555 (P.C.); Quebec Ry. Light, Heat and Power Co. v. Vandry, [1920] A.C. 662 (P.C.).
AUTHORS CITED
Baudouin, J.-L. La responsabilité civile délictuelle. Cowansville: Les Éditions Yvon Blais Inc., 1985.
Nadeau, A. et Nadeau, R. Traité pratique de la respon- sabilité civile délictuelle. Montréal: Wilson & Lafleur Limitée, 1971.
Pollock, Sir Frederick. Law of Torts: A Treatise on the Principles of Obligations Arising from Civil Wrongs in the Common Law, 14th ed. by P. A. Landon. London: Stevens & Sons, 1939.
COUNSEL:
Germain Jutras for plaintiffs.
M. H. Duchesne, Q.C. and M. Nichols for
defendant.
SOLICITORS:
Jutras et Associés, Drummondville, Quebec, for plaintiffs.
Deputy Attorney General of Canada for defendant.
EDITOR'S NOTE
The Executive Editor has decided that the rea sons for judgment herein should be reported as abridged. Those portions dealing with Crown lia bility and whether that should be fixed at less than 100% in view of the negligent act of a third party are reported in their entirety. His Lordship's 24- page recital of the facts and 13 pages establish ing the quantum of damages have been deleted. Brief summaries of the omitted portions are provided.
On a June evening in 1982 a group of friends were gathered at a vacation place on the shore of the St. Lawrence River. At the beginning of May, the owners had discovered a cylindrical object when cleaning up the shoreline. It was a shell which had emanated from the Department of National Defence proving ground at Pointe du Hameau. No one was concerned since it was believed that the shell was spent and constituted no danger. The presumption was made that once fired from a gun, every dangerous property of this engine of war vanished. On the night in question, a guest, in approaching a bonfire, struck her foot on the shell. She asked one of the owners to get rid of it. He took the shell and cast it into the fire.
Some minutes later there was an explosion which took one life and left two others injured. This is an action against the Crown to recover for the dam ages caused by the explosion of the artillery shell.
Evidence was given that no problem was creat ed by unexploded shells during the warmer sea sons. These fell into the sludge on the riverbed, never again to see the light of day. It was other wise in winter when defective shells fell on the ice and snow. Unless recovered, at the spring thaw they could be carried away on the floating ice. Several teams were maintained for the purpose of combing areas to which stray shells might have escaped. A large area had to be checked. But it was impossible to recover every missing shell. More than 90% of these posed no danger. This was the first unfortunate incident since the open ing of the military facility in 1952. During that time, some 400,000 rounds had been fired.
The shell which blew up in the bonfire con tained TNT, one of the most stable explosives. But if subjected to intense heat, while it does not actually explode, there is a sudden burst of fire ("une déflagration") when it reaches a certain critical temperature. That is what happened here.
The plaintiffs' submissions were as follows: (1) the shell was owned by the Crown and it was a dangerous object; (2) the combing system adopt ed by the defendant was far from efficacious; (3) all the witnesses who had observed the shell shared the opinion that it was not dangerous— similar shells had been taken from the shore and made into ashtrays and table lamps; (4) the defendant had failed to publicize the danger of any shell which had escaped from the test area and (5) the act of throwing the shell into the fire was an innocent one—the person who threw it should not be expected to possess an expert's knowledge of its dangerous properties.
The arguments for the Crown were: (1) it was for the plaintiffs to prove ownership of the shell in
the Crown; (2) the testing had been going on for 30 years and the people of the area well knew of the danger of shells which had gotten away; (3) residents had been made aware of the danger by the publication of annual notices in the big city dailies and in a weekly delivered on a gratis basis to their doors and even if some did not see them, the news would have travelled by word of mouth; (4) the combing system was adequate and (5) it was unforeseeable that anyone would throw a shell into the fire.
The following is the English version of the reasons for judgment rendered by:
JOYAL J.:
CIVIL LIABILITY OF CROWN
The facts before the Court are clear and are not substantially in dispute. The Court must still draw its own conclusions in determining civil liability for the damage suffered by the plaintiffs. First, I note the presence of a dangerous object which its owner allowed to escape onto her neighbour's land. Second, I note the intervention of an individual who apparently took up this dangerous object and threw it into a fire.
I did say a dangerous object. That is my first conclusion. The shell in question is a dangerous object and occupies a central place in the case law on the civil liability of its owner. It is true, as Mr. Pominville and Mr. Bélanger testified, that trini- trotoluene is a relatively stable explosive. It is still an explosive. The deflagration that occurs to this substance when it is exposed to fire may not have the intensity of an explosion under ideal condi tions. It is still a violent explosion and we all know its consequences. In this connection, I must look for a moment at the testimony of Mr. Pominville which suggests clearly that there is still an element of danger in this type of substance.
To this I would add a second conclusion: the shell in question was the property of the defendant. When subjected to the test of the balance of
probabilities, the evidence really could not lead to any other conclusion.
It was thus a dangerous object owned by the Crown which escaped onto the neighbouring land. At both civil and common law, the courts have imposed on the owner a heavy burden of civil liability. Civil lawyers have created a presumption of fault. This is expressed at common law by the doctrine of "duty of care" or the rule of evidence res ipsa loquitur. In my opinion, the effects are essentially the same. In his book on La respon- sabilité civile délictuelle, Cowansville: Les Edi tions Yvon Blais Inc., 1985, at page 44, paragraph 73, Professor Jean-Louis Baudouin says:
[TRANSLATION] 73 —Scope The second case of Crown lia bility results from failure to perform a duty relating to the ownership, occupation, possession or custody of property. Underlying this rather complicated language is the principle of general liability for the act of things in the keeping or owner ship of the Crown (buildings, animals and personal property). Since on the one hand the provisions of the Civil Code creating certain presumptions date from before 1953, and on the other Quebec precedents at that time on the act of things recognized a presumption of fault, it would appear that the law on Crown liability in this regard is close if not identical to the common law provisions.
However, the presumption of fault does not create absolute liability. The owner of a dangerous object is not an insurer. He is entitled to show that he took all possible safety measures to avoid the danger, that it resulted from an act of God, that the damage was unforeseeable or, as learned coun sel for the defendant argued, that human interven tion was the true cause of the accident.
In any case, I have to assume that the statutory liability under article 1054 of the Civil Code and under section 3 of the Crown Liability Act [R.S.C. 1970, c. C-38] is subject to essentially the same tests. The terminology used by lawyers and judges may vary from one system to the other but the conclusions remain essentially the same.
The defendant invited the Court to find on the evidence that all possible safety measures were taken to avoid a dangerous object becoming the
cause of injury. I readily admit that, as no danger ous shells were the cause of injury during the thirty years preceding the accident of June 24, 1982, this conclusion is at first sight an attractive one. It assumes that the collecting system intro duced at the start of the PETE operations [Proof and Experimental Test Establishment] is an effec tive system and meets all the requirements arising out of the fact of shells being scattered onto float ing ice from one year to the next. However, the defendant had to admit that the collecting system cannot be perfect. The evidence was that shells do go astray and are not found. Though the evidence showed that most such shells are duds and harm less, they do represent a risk that cannot really be eliminated. It is not my intent to make any moral judgment on the defendant's policy in the matter or to conclude that there was any measure of carelessness or indifference toward public safety. In arriving at my conclusion I confine myself simply to the purely legal or theoretical aspect of civil liability.
Another aspect of the safety measures taken by the defendant concerns providing information to the surrounding community. The only tangible evidence of a program to this end was the annual publication of notices in certain national and regional newspapers. After considerable reflection, I do not think that the way in which these adver tisements are prepared is likely to attract the attention of readers living in the vicinity of Lac Saint-Pierre. The advertisement does mention the danger of shells found on banks or near beaches and warns the public not to touch them and to inform the authorities immediately. However, the warning is in the middle of a rather long text which is likely to bore any reader and discourage him from reading it more closely. I also note that the reader's attention is drawn more particularly to the danger of trespassing in the designated zone.
The notice published in the newspapers is cer tainly not the only way in which people are informed. I note that the PETE has been conduct ing its tests for a number of years. These tests can continually be heard. The appendices to Exhibit D-8 filed by the defendant indicate a large number of shells located outside the danger zone and
reported by individuals. Of this number, ten or so were regarded as sufficiently dangerous to be destroyed or demolished. I conclude from this that by one means or another some people were aware of the risks and did not hesitate to inform the authorities as a precaution. Others, whose familiarity with the surroundings might possibly give rise to a lack of concern, were much less wary. In this connection, a misconception by certain witnesses of the danger inherent in any shell found on the beaches is perhaps not entirely innocent, but as we shall see below this observation does not add to or subtract from the conclusions drawn from the evidence.
Learned counsel for the defendant urged the Court to consider the human intervention in depth and to conclude that such intervention was the sole cause of the accident. To sum it up, this argument is based on a mutual and concurrent alternative. The first is that the shell in question is not a dangerous object per se and only became danger ous as the result of an unthinking, impetuous and wrongful act by Rémi Houle. The other alternative is based on the principle novus actus interveniens: the shell in question is said to have been in the possession or under the supervision of Rémi Houle for a sufficiently long period of time to break the causal link between the presence of the object found on the beach, which might create a pre sumption of fault, and its subsequent deflagration which was the causa proxima of the damage.
For obvious reasons I cannot subscribe to the first alternative. Having decided that a shell con taining 4-5 lbs. of TNT is a dangerous object, I must confine myself to the settled rules of law affecting its owner's civil liability.
As regards the argument based on novus actus interveniens, the evidence simply showed that the shell in question, which was found on the beach in mid-May 1982 and stayed there until late June 1982, was not handled or moved during this period. It lay on the beach by itself. Rémi Houle's action may have added a link to the chain of causation, but that does not make the dangerous object any less harmful. It continues to be danger ous because it contains a dangerous substance and,
however ill-advised, the human intervention cannot break the causal links. What all this means is that the dangerous object would not have been a source of injury if it had not been thrown into the fire and that the human intervention would not have caused the injury if it had not been a dangerous
object.
In striving to condense decisions of the courts and derive basic principles from them, some jurists appear to have devoted particular attention to the effect of the novus act us interveniens in the case of a dangerous object. Counsel for the defendant referred in this connection to the observations of Professor Baudouin (op. cit.) at page 187, para graph 361, that:
[TRANSLATION] 361— General observations In the search for a logical, direct and immediate causal connection, the courts have devoted particular attention to the effect of the novus actus interveniens, that is the new incident, which is beyond the control of the perpetrator of the fault and which breaks the direct connection between the fault and the injury, even though under the system of adequate causation the wrong ful act might of itself objectively lead to the damage and the individual foresee its consequences.
Professor Baudouin adds these comments in paragraph 362 [page 188]:
[TRANSLATION] 362 ... One case in which the link is frequently broken is where the fault of a third party intervenes between the initial wrongful act and the damage. This may be illustrated by an example taken from the cases. Some children picked up a firework abandoned by the defendant after a fireworks display. When he saw this, the father of one of the children confiscated it and gave it to one of his employees, asking him to get rid of it. The employee exploded the firework in the company of the children and they were seriously injured. The Court dismissed the father's action against the person who abandoned the firework, on the ground that the employee's action was an intervention breaking the link between the initial fault and the injury.
While it views these comments with the utmost respect, the Court nevertheless has to relate theory to the particular facts of the case. It must be remembered that in the case cited by the writer, the action for damages was brought by the father as his son's tutor. The father was fully aware of the danger of a firework left on a piece of land by its owner. The intervention of the plaintiff and his express instructions to his employee to get rid of it were a type of intervention which a court might easily regard as a new act breaking the chain of causation. These particular facts are not before the Court.
While applying the principles of civil liability under article 1054 of the Civil Code, the courts have in the Privy Council decision in Quebec Ry. Light, Heat and Power Co. v. Vandry, [1920] A.C. 662, imposed what Professor Baudouin character izes in paragraph 638 [page 312] as a [TRANSLA- TION] "practically indefeasible presumption against the custodian", who in order to avoid liability must therefore [TRANSLATION] "prove it was impossible to prevent the damage". The writer goes on [at pages 312-313, paragraph 638]:
However, the Privy Council appears to think that proof of impossibility must be more than simple general proof of an absence of fault .... the custodian cannot simply submit gener al evidence of proper conduct. He must show that it was impossible to prevent the act causing damage.
Although subsequently, in Montreal City v. Watt and Scott, [1922] 2 A.C. 555, the Privy Council backtracked and required only relative proof that the damage could not have been pre vented, the presumption of fault still exists.
In the celebrated case of The King v. Laperrière, [1946] S.C.R. 415, the Supreme Court of Canada found that the Crown had been negligent in leav ing an explosive commonly known as a "thunder- flash" on land. Some young boys picked up the explosive, which later caused them bodily injury. Kerwin J., speaking for the majority, said at page 433:
On these facts the appellant contends that there was no negligence on the part of any officer or servant of the Crown while acting within the scope of his duties or employment. The trial judge found that there was negligence on the part of the officers in charge of the scheme in leaving the unexploded thunderflash on Giroux's farm without making a search, and with that I agree. It is evident that whether any of the men actually traversed part of Giroux's farm or not, the latter was in fact used as part of the area for the scheme and although in time of war considerable latitude must be allowed the armed services in their training operations in Canada, under all the circumstances in the present case, steps should have been taken to see that all the thunderflashes used had been exploded. Thunderflashes are dangerous articles and in the absence of any such steps it should have been anticipated that an unex- ploded one would be found by children on Giroux's farm and that such children might so play with it as to cause injuries to themselves. The fact that this particular one, while found on the farm, caused the injuries complained of at another spot, including those to one who is not the finder, can make no difference.
The appellant argues that the injuries did not result from such negligence but that it was caused by a novus actus
interveniens, namely, the action of the two boys. Subject to the question discussed later, this, however, was the thing that the officers or servants should have anticipated, and the doctrine contended for has no application.
At page 436 Estey J. adopted the remarks of Swinfen Eady, M.R., in Miles v. Forrest Rock Granite Company (Leicestershire) (Limited) (1918), 34 T.L.R. 500 (C.A.), at page 501:
The duty of the defendants on bringing this foreign and dangerous material on the ground and exploding it there was to keep all the results of the explosion on their own lands, and it escaped from their own lands at their peril. [My emphasis.]
He added a passage from Pollock on Torts, 14th ed. at page 402:
This amounts to saying that in dealing with a dangerous instrument of this kind the only caution that will be held adequate in point of law is to abolish its dangerous character altogether.
In Deguire Avenue Ltd. v. Adler, [1963] B.R. 101, Quebec Court of Appeal, the case concerned the fault of certain painters in failing to connect a gas stove to the feeder pipe and the fault of building caretakers who accidentally turned on a meter which the painters had turned off some weeks earlier. Choquette J.A. said the following at pages 105-106:
[TRANSLATION] In my view the first factor is the fault of the painters St-Onge and St-Denis, personal employees of Adler. Their failure to connect the stove or the opening of the gas feeder pipe might not have created injury in an apartment house with a single meter; but in an apartment building with a large number of units some of which were occupied and some were empty, and with a number of meters (located alongside each other in the same room), some being on and others off, I think the situation is different. The risk that a meter might be turned on accidentally, as in fact happened, was a danger which the painters should have foreseen the consequences of and of which they should have warned the caretakers. The fact that the danger continued to exist for over five weeks also indicates a failure of supervision by Boivin both in his capacity as Adler's foreman and in his capacity as superintendent of Deguire Avenue Ltd.
It was argued that this fault by the painters, without which the explosion would not have occurred, was too remote a cause to make them and their supervisor (Adler) liable. To this I would answer that the painters' fault is a continuous one, like the danger they created and allowed to continue, and that it has to be regarded as one of the determining causes of the damage.
It is true that, as counsel for the defendant mentioned, a victim has to present evidence of a
direct connection between the injury caused and the fault alleged against the defendant. As Profes sor Baudouin says (op. cit.), at paragraph 366 [page 189]:
[TRANSLATION] 366 . .. the best means of determining whether causation is direct is by looking at the situation of fact....
Examining the facts in Laperrière (op. cit.), and responding in particular to the argument of novus act us interveniens, the intervention of the young people in that case was not instantaneous. They began playing with the shell by taking powder from it in small quantities and setting the powder on fire. One of them even burned his finger in doing so. It was not until the evening of the same day that the accident occurred, in circumstances in which the young people had already been warned of the danger. These circumstances apparently prompted the then Chief Justice to express his dissent, but this did not prevent a majority of the Court affirming the judgment against the Crown.
The authorities cited by Kerwin, Hudson and Estey JJ. clearly indicate the extent to which the civil liability of an owner applies in such circumstances.
So far as the question of foreseeability is con cerned, it is clear on the evidence that the actions of the Crown were directed specifically at the dangerous aspect of the shells which went astray on the river bank.
Whether under the civil law, which creates a presumption of fault, or the common law rule of a "duty of care", the conclusion is the same. On the evidence the Crown cannot avoid all liability.
LIMITS ON CROWN LIABILITY
However, the conclusion which I have just stated does not end the discussion. I must assess the factor of human intervention in throwing a dangerous object into the fire. To do this, it will be necessary to briefly return to the evidence, which the Court can only consider at one remove. This is the testimony of Rémi Houle, one of the hosts at the ill-fated celebration on June 24, 1982. My comments on his actions that evening are some what succinct, since he is not a co-defendant and
an action for damages brought against him by the plaintiffs is pending in the Quebec Superior Court.
His testimony is thus limited to what he gave at the Coroner's inquest. In essence it was that he thought the shell found on his beach was a dud and, as it had already been fired by the PETE, presented no danger. He described the shell as a kind of cartridge which [TRANSLATION] "looked completely harmless". He had already seen such cartridges in previous years and had never paid any attention to them. He assumed it was some thing National Defence had fired into the water. He said he moved the shell several times in the course of the weeks during which it was on the shore. According to him, his action in throwing the shell into the fire was quite natural: it was just a way of ensuring that the guests did not trip over it.
This was nonetheless an impetuous and hazard ous action by the witness, the culpability of which cannot be removed by declarations that he was ignorant of the danger or firmly believed that the object was not dangerous. The mere fact that the shell, which weighed 10 or 12 lbs. and could be seen at a glance not to be a spent "cartridge", would have led a reasonable man with good judg ment to wonder what the "cartridge" contained. The admissions of the witness cannot deflect from him a conclusion that, even unwittingly, he was partly responsible for the damage suffered.
I would add to this that the object in question is not a consumer-oriented product which the witness could know the characteristics of and the limits of the risks associated with its use, which he men tioned in his testimony. The attitudes and actions of the witness regarding the shell were based simply on his belief and not on knowledge or experience. This in my view was still another reason for caution.
I must therefore conclude that the Crown's civil liability is mitigated by the action of this witness. Bearing in mind the evidence on the initial and unavoidable liability of the Crown, I set its liabili ty at 66 2 / 3 percent of the damage suffered.
In other circumstances this conclusion might give rise to the application of the principle of joint and several liability stated in article 1106 of the Civil Code. On the facts before the Court, how ever, I must rule out application of that principle. Article 1106 reads as follows:
Art. 1106. L'obligation résultant d'un délit ou quasi-délit commis par deux personnes ou plus est solidaire.
The English version of this article would seem to be even more specific:
Art. 1106. The obligation arising from the common offence or quasi-offence of two or more persons is joint and several. [My emphasis.]
Professor Baudouin deals with this situation in the case of a series of faults. He in fact says at page 199 of his text:
[TRANSLATION] 387— ... When two separate faults are committed in succession and each of them can be related to a specific damage, there can be no joint and several liability of the perpetrators to the victim. There are two separate wrongs, and this precludes the application of article 1106 C.C.
The writer goes on to say that the courts, while not making a finding of joint and several liability, may on the facts of the case allow liability to be divided proportionately.
At page 572 of A. and R. Nadeau, Traité pratique de la responsabilité civile délictuelle, Montréal: Wilson & Lafleur Limitée, 1971, the writers cite the decision of the Supreme Court of Canada in Grand Trunk Ry. Co. v. McDonald (1918), 57 S.C.R. 268, which held that joint and several liability does not apply to the separate and independent wrongs of the co-perpetrators of damage except in so far as they are simultaneous and contribute directly to the accident.
The writers pursue this theme at page 574 [paragraph 612], observing:
[TRANSLATION] ... it is quite clear that successive and independent faults, committed by different persons on different dates and at different places, do not make their perpetrators jointly and severally liable.
It seems clear on the facts before the Court that these were successive and independent faults and I have only to consider the fault of the Crown.
I could not in any case hold jointly and severally liable a third person who is not a party to the case, but where the evidence leads me to conclude that the liability of the Crown must be limited to
two-thirds of the damage sustained. In limiting its liability in this way, I do not wish to make any kind of ruling against that third person or in any way to restrain a Superior Court which already has before it a claim against that person.
EDITOR'S NOTE
His Lordship assessed the plaintiffs' damages and ordered the defendant to pay the following amounts: to the dead man's widow, Claudette Houle-Gentès, for income loss $190,000; for loss of consortium and servitium $20,000; for bodily injuries $4,400 and, as guardian of her minor child, Catherine, $10,000; to Monique Gentès, a student, for bodily injuries $6,000 and to Martin Gentès, a child of Claudette Houle-Gentès having attained the age of majority, $10,000. The above amounts were those awarded after a reduction of one-third, the defendant having been found two- thirds to blame.
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