In Memory Of Gerald Horbal...
- In Memory Of Gerald Horbal.. Dds
- In Memory Of Gerald Horbal.. Books
- In Memory Of Gerald Horbal.. Attorney
- In Memory Of Gerald Horbal.. Md
- Gerald Thompson. My deep felt condolences go to Bobby's family. What a great honest person he was, always willing to help someone else, and offer positive encouragement. I knew him since grade school, going back to Fern Hill and probably Lenox. After High School we shared many engineering classes at the U.
- The 'moving wall' represents the time period between the last issue available in JSTOR and the most recently published issue of a journal. Moving walls are generally represented in years. In rare instances, a publisher has elected to have a 'zero' moving wall, so their current issues are available.
Obituary notices, as published in the Winnipeg Free Press newspaper, dating back to September, 1999. In Memoriams dating back to July, 2007. The Passages web site is intended for public use only.
Inline Image Not Displayed
The following obituary notice for Bob Oas appeared in the Suntree, Florida newspaper:
Robert Harold Oas, 73, passed away at home April 19, 2014, following a lengthy battle with cancer, surrounded by his wife and family. Bob had been battling a rare form of cancer for the past two years.
He was born in St. Paul, MN on October 23, 1940. He graduated from The University of Minnesota with a degree in Mechanical Engineering and later obtained his MBA at FIT. He moved to Brevard County in 1977 and worked for Rockwell Collins until his retirement.
He was a high school State of Minnesota Cross Country Champion, a founding member of Suntree Country Club, and an avid golfer, hunter and fisherman. He was an active member of St. John’s Episcopal Church.
Bob was a fantastic role model who was always willing to give advice (whether asked for or not) to his family and friends, including his loving wife of over 50 years, Kathy; son, Todd (Lori); daughter, Michelle (Jeffrey);
brothers, Richard (Polly), Roger and Rodney; and extended family. He was an active and loving grandfather to Bailey, Andrew, Caroline and Cade.
A celebration of life will be held on Saturday, April 26, 2014 at 10:30 AM at St. John’s Episcopal Church, 610 Young St., Melbourne. A luncheon reception will follow the service at Suntree Country Club.
In lieu of flowers, donations may be made to St. John’s Episcopal Church or Cancer Care Centers of Brevard.
*******************************************************************************************************
In Memory Of Gerald Horbal.. Dds
We've asked Bob's closest high school friends to comment on their relationship with Bob. Here's a contribution from classmate Bob Erickson:
As most of you know, it is very difficult to lose a close and dear friend, especially one you have known for over 70 years. Such is the case with Bob and me as we grew up in the same neighborhood from the time when we were only two years of age.
I have so many fond memories of Bob Oas from childhood; Cub Scouts, Boy Scouts and throughout our high school years. We were on the track and field team -- he was track and I was field. We also became fraternity brothers at the U of MN. We enjoyed so many hunting and fishing trips over all those years that I could not possibly count them all. The last such trip was a hunting outing in Devils Lake, North Dakota in the fall of 2012.
My wife Mary and I introduced Bob and Kathy and the rest is history, as they were married for over 50 years. Bob was a wonderful husband, father and grandfather and very involved in all their children’s lives.
Bob was very interested in all young people, especially with regard to education, not only with his own family but all young folks. Every time we were out for a meal or just some drinks he would always engage the server in a conversation with regard to where they were with their education and how important it was to continue.
Bob was very involved in his community, professional associations, his church and Sun Tree Country Club of which he was a founding member.
What I remember and cherish the most is his intense interest and commitment to his close friends, which was unending.
He will be missed by all of his close friends who knew and loved him.
| Judge: | De Graves, J. |
| Court: | Court of Queen's Bench of Manitoba |
| Case Date: | September 06, 1989 |
| Jurisdiction: | Manitoba |
| Citations: | (1989), 60 Man.R.(2d) 105 (QB) |
Horbal v. Smith (1989), 60 Man.R.(2d) 105 (QB)
MLB headnote and full text
Carolyn Marion Horbal, as administratrix of the estate of Gerald Stephen John Horbal, and the said Carolyn Marion Horbal (plaintiffs) v. Gordon Jamiesen Smith, M.D., Thomas Ivan Fischer, M.D., Richard John Higgins, M.D., Linda Bull, L.P.N., Charisse Geske, R.N., Pamela Goho, R.N., Yvonne Hykawy, R.N., John Mallord, R.N. and The Victoria General Hospital (defendants)
(86-01-10067)
Indexed As: Horbal v. Smith et al.
Manitoba Court of Queen's Bench
De Graves, J.
September 6, 1989.
Summary:
A manic depressive husband/father died of suffocation during his stay in the psychiatric ward of a hospital. His widow sued the attending doctor, psychiatrists, nurses and the hospital for damages.
The Manitoba Court of Queen's Bench dismissed the widow's action, but provisionally assessed damages.
Damages - Topic 2117
Torts causing death - Method of assessment of value of the dependency (lump sum) - Contingencies - Remarriage - The widow of a deceased manic depressive sued the attending doctor and psychiatrists, among others, for damages resulting from his suffocation death in hospital - The Manitoba Court of Queen's Bench dismissed the action, but stated that in assessing damages it would have discounted the future loss of support by 5% in consideration of the widow's prospects of remarriage - See paragraphs 82 to 86.
Damages - Topic 2117
Torts causing death - Method of assessment of value of the dependency (lump sum) - Contingencies - Effect of deceased's mental illness on employment - The widow of a deceased manic depressive sued the attending doctor and psychiatrists, among others, for damages resulting from his suffocation death in hospital - The Manitoba Court of Queen's Bench dismissed the action, but stated that in assessing damages it would have discounted the future loss of support by 5% in consideration of the effect of the deceased's mental condition on his secure future employment - See paragraphs 82 to 87.
Evidence - Topic 3204
Documentary evidence - Admission - Rule in Wharam v. Routledge - The defendants' witness referred in his direct and cross-examination to a letter from one defendant to the defendants' counsel - The plaintiff's counsel, in cross-examination, also referred to the letter - The Manitoba Court of Queen's Bench refused to follow the rule in Wharam v. Routledge, and held that the letter was not to be admitted as part of the plaintiff's case - The court held that the plaintiff could cross-examine on the document without making it evidence, provided that his cross-examination did not go further than the parts used to refresh the witness' memory - See paragraphs 77 to 81.
Medicine - Topic 4247
Liability of practitioners - Negligence - Re mental patients - A manic depressive husband/father died of suffocation during his stay in the psychiatric ward of a hospital - His widow sued the attending doctor, psychiatrists, nurses and the hospital for damages - The Manitoba Court of Queen's Bench examined the defendants' conduct during the last hours of the deceased's life, particularly the house medical officer's examination of the deceased, the sedation of the deceased and attempts to resuscitate him - The court, judging each doctor by the standard expected of an ordinary competent professional, found no negligence - See paragraphs 19 to 76.
Cases Noticed:
Wharam v. Routledge (1805), 5 Esp. 235; 170 E.R. 797, not folld. [para. 77].
Senat v. Senat, [1965] 2 All E.R. 505, appld. [para. 79, Appendix A].
Morrison-Knudsen Company Inc. et al. v. British Columbia Hydro and Power Authority, [1972] 6 W.W.R. 254 (B.C.S.C.), refd to. [para. 79, Appendix A].
Crits v. Sylvester et al. (1956), 1 D.L.R.(2d) 502 (Ont. C.A.), refd to. [Appendix].
Dale v. Munthali et al. (1977), 16 O.R.(2d) 532 (H.C.), affd. (1978), 21 O.R.(2d) 554 (C.A.), refd to. [Appendix A].
Rietze v. Bruser et al. (No. 2), [1979] 1 W.W.R. 31 (Man. Q.B.), refd to. [Appendix A].
Bergen v. Sturgeon General Hospital et al. (1984), 52 A.R. 161; 28 C.C. L.T. 155 (Q.B.), refd to. [Appendix A].
Anderson v. Chasney et al., [1949] 4 D.L.R. 71 (Man. C.A.), affd. [1950] 4 D.L.R. 223 (S.C.C.), refd to. [Appendix A].
Dowey v. Dr. W.O. Rothwell and Associates, [1974] 5 W.W.R. 311 (Alta. Q.B.), refd to. [Appendix A].
Kolestar Estate v. Joseph Brant Memorial Hospital and Malette (1977), 15 N.R. 302; 2 C.C.L.T. 170 (S.C.C.), refd to. [Appendix A].
Meyer et al. v. Gordon et al. (1981), 17 C.C.L.T. 1 (B.C.S.C.), refd to. [Appendix A].
McGhee v. National Coal Board, [1972] 3 All E.R. 1008 (H.L.), refd to. [Appendix A].
Powell v. Guttman and Nassar (No. 2), [1978] 5 W.W.R. 228 (Man. C.A.), refd to. [Appendix A].
Wilsher v. Essex Area Health Authority, [1988] 1 All E.R. 871; 87 N.R. 140 (H.L.), refd to. [Appendix A].
Couillard et al. v. Stone (1988), 44 C.C.L.T. 113 (Alta. Q.B.), refd to. [Appendix A].
Keizer v. Hanna and Buch (1978), 19 N.R. 209; 3 C.C.L.T. 316 (S.C.C.), refd to. [Appendix A].
Rose Estate v. Belanger (1985), 32 Man.R.(2d) 282; 17 D.L.R.(4th) 212 (C.A.), refd to. [Appendix A].
Plant v. Chadwick, [1986] 6 W.W.R. 131 (B.C.C.A.), refd to. [Appendix A].
Lawrence's Estate et al. v. Good (1985), 33 Man.R.(2d) 312 (C.A.), refd to. [Appendix A].
Larney Estate v. Friesen (1986), 41 Man.R.(2d) 169 (C.A.), refd to. [Appendix A].
Smoke v. Assiniboine (1987), 45 Man. R.(2d) 241; 40 C.C.L.T. 122 (Q.B.), refd to. [Appendix A].
Dudas v. Eagle Star Insurance Company (1965), 51 D.L.R.(2d) 526 (B.C.S.C.), refd to. [Appendix A].
City of Saint John v. Irving Oil Co. Ltd. (1966), 58 D.L.R.(2d) 404 (S.C.C.), refd to. [Appendix A].
R. v. Abbey, [1982] 2 S.C.R. 24; [1983] 1 W.W.R. 251; 29 C.R.(3d) 193; 43 N.R. 30, refd to. [Appendix A].
Lloy v. Milner (1981), 15 Man.R.(2d) 187, refd to. [Appendix B].
Craven v. Wilcox (1975), 2 N.R. 618; 50 D.L.R.(3d) 687 (S.C.C.), refd to. [Appendix B].
Cardin v. City of Montreal (1961), 29 D.L.R.(2d) 492 (S.C.C.), refd to. [Appendix B].
Girard v. Royal Victoria Hospital (1976), 66 D.L.R.(3d) 676 (B.C.S.C.), refd to. [Appendix B].
Dale v. Munthali (1978), 21 O.R.(2d) 554, refd to. [Appendix B].
Wilson v. Swanson (1956), 5 D.L.R.(2d) 113 (S.C.C.), refd to. [Appendix B].
Challand v. Bell (1959), 18 D.L.R.(2d) 150, refd to. [Appendix B].
Wilson v. Stark (1967), 61 W.W.R.(N.S.) 705, refd to. [Appendix B].
Quintel v. Data and Skochylas (1988), 68 Sask.R. 104 (C.A.), refd to. [Appendix B].
Authors and Works Noticed:
Cooper-Stephenson and Saunders, Personal Injury Damages in Canada (1981) [Appendix A].
Cooper-Stephenson and Saunders, Personal Injury Damages in Canada (Supplement 1987) [Appendix A].
Cross on Evidence (5th Ed. 1979) [Appendix A].
Cross on Evidence (6th Ed. 1985), pp. 254, 255 [para. 79].
Howard, J.F., The Production of Documents at Trial - How to and How Not to, Symposium to the Canadian Bar Association (1982), p. 64 [para. 80, Appendix A].
Picard, Legal Liability of Doctors and Hospitals in Canada (2nd Ed.) [Appendix A].
Sharpe and Sawyer, Doctors and the Law (1978) [Appendix A].
Sopinka and Lederman, The Law of Evidence in Civil Cases (1974) [Appendix A].
Counsel:
Rod C. Roy and Bruce Rutherford, for the plaintiffs;
In Memory Of Gerald Horbal.. Books
Knox B. Foster, Q.C., and G. Todd Campbell, for the defendants, Gordon Jamiesen Smith, M.D., Thomas Ivan Fischer, M.D., and Richard John Higgins, M.D.;
In Memory Of Gerald Horbal.. Attorney
Michael T. Green and Kelly L. Dixon, for the defendants, Linda Bull, L.P.N., Charisse Geske, R.N., Pamela Goho, R.N., Yvonne Hykawy, R.N., John Mallord, R.N., and The Victoria General Hospital.
In Memory Of Gerald Horbal.. Md
This action was heard before De Graves, J., of the Manitoba Court of Queen's Bench, whose decision was delivered on September 6, 1989.