Bryan (Romane) by next friend Marie Bryan v Yvonne Terrelonge and Bernard Terrelonge
| Jurisdiction | Jamaica |
| Judge | COURTENAY ORR J |
| Judgment Date | 22 February 1999 |
| Judgment citation (vLex) | [1999] 1 JJC 2901 |
| Date | 22 February 1999 |
| Court | Supreme Court (Jamaica) |
IN THE SUPREME COURT OF JUDICATURE
IN COMMON LAW
NEGLIGENCE - Motor vehicle accident - Interlocutory judgment - Assessment of damages
On the night of the 11th of March 1989 at about 6:30 p.m., the plaintiff then a baby of two months, was in his mother's arms. She was seated in the rear of a car driven by her husband up the Stony Hill Road on the extreme left. A car driven by the second defendant and owned by the first defendant came over on the plaintiff's side of the road and crashed head on into the car in which the plaintiff was travelling.
The impact threw the mother into the front seat of the car and she became unconscious for a while. When she recovered she saw a lady holding the plaintiff; he was not moving. A motorist took them to the Children's Hospital.
There was a difficulty in obtaining treatment at the Bustamante Children's Hospital so, they went to the University Hospital where Romane was treated and sent home. The following day he was admitted to the Bustamante Children's Hospital where he remained until discharged on 14th March 1989.
He was referred to Dr. Royes by the Children's Hospital for followup treatment as an out patient. Later, on 15th april 1990 when he was fifteen (15) months old he was taken to Susan Knight a Psychologist, and to Dr. Ivor Crandon, Consultant Neurosurgeon on October 3 and 7, 1991. On 1st July 1992, at the request of the defence he was examined by Dr. Rondolph Cheeks, Consultant Neurosurgeon.
This is an assessment of damages, interlocutory judgment in default of defence having been obtained on 9th May 1990.
I award special damages as set out hereunder:
| Medical Expenses | $5,200.00 |
| X-Rays | 120.00 |
| Registration Fee | 10.00 |
| Admission Fee | 30.00 |
| Prescriptions | 716.00 |
| Transportation | 950.00 |
| Extra Help (22 weeks) | 1,540.00 |
| Clothing | Nil. |
| Thermos | 38.00 |
| Blanket | 35.00 |
| TOTAL: | $8,639.00 |
The evidence in support of this aspect of the plaintiff's case come only from his mother Marie Bryan. The awards for medical expenses and extra help differs from the amounts given in the Statement of Claim. The award for medical expenses is Seventy Dollars ($70.00) less than the amount claimed as the award is in keeping with the evidence given. Marie Bryan said she employed extra domestic help because her hand was broken and she needed someone to care for the baby for a period of Twenty-nine (29) weeks. Miss Lightbourne attacked this as excessive.
I am of the opinion that Twenty-two (22) weeks is a reasonable period and make an award accordingly. She also said the cost of x-rays was One Hundred and Fifty Dollars ($150.00), but no amendment was applied for so I awarded the sum claimed - One Hundred and Twenty dollars ($120.00).
Finally, no evidence of the value of the clothing lost was given. So no award was made for that item.
The claim for General damages is based on personal injuries to the plaintiff and is set out thus in the Statement of Claim:
"
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(a) Unconsciousness.
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(b) Severe pains and irritable (sic).
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(c) Laceration, bruised and swelling to back of head.
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(d) Vomiting streaks of bright red blood.
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(e) Stiffness of neck; inability to turn head for seven (7) days.
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(f) swollen right foot with black and blue marks.
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(g) Refused any feeding whatsoever for five (5) days.
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(h) Nervousness.
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(i) Signs of fear and pain by suddenly jumping and screaming at certain times since accident.
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(j) Signs of nightmare of unpleasantness by jumping out of sleep and screaming since accident."
This evidence on this aspect is comprised of two segments:
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1. The testimony of the parents Marie Bryan and Rudolph Bryan.
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2. Evidence of Medical Practioners and a Psychologist.
(a) The Mother's Evidence
Her testimony was to the following effect. After the collision she lost consciousness; when she awoke she saw a lady holding Romane. He was not moving unconscious at the Children's Hospital, but at the University Hospital after a while he began to move and to cry. Injuries : He had cuts to the back of his head and bruises to his forehead.
Treatment : By Dr. McDonald : He was x-rayed and sent home.
The next day 12th March, he was vomiting blood, his right foot was swollen and blue, and the back of his head was also swollen.
He was admitted to the Children's Hospital for three (3) days. He stopped taking his feed for about five (5) days after the accident.
After discharge : He would keep his head in one position rather than move it around normally.
(2) Cry out in his sleep and look frightened: He was taken to Dr. Royes. Treatment Received: He was x-rayed and given medication.
He continued to cry out in his sleep and would run away when one tried to comfort him, as if he did not recognise his parents.
He had a stiff neck. He stopped turning it from side to side for up to the age of five (5) months.
He was taken to Dr. Royes for about four (4) occasions during the two weeks after the accident. On these occasions he was not caughing but groaning - He did not have a "chest Sound". Dr. Royes had said one tonsil was red.
At first he would wake up out of his sleep every night. Then the frequency began to reduce until it would occur about three (3) times per week until he was two (2) years old.
After two years he was taken to Dr. Crandom, Consultant Neurosurgeon, and then to Mrs Susan Knight, Clinical Psychologist.
Before the accident he would sleep for long hours. He was doing well at school. At the time of giving evidence February 1993; he was waking up and crying once per week.
(b) The Father's Testimony
His evidence was very limited. He said that Romane acted like a normal eight (8) weeks old child before the accident. On his (the father's) return from hospital after about a month, he noted that Romane would cry out in his sleep and tended to wake up very frequently, which was unusual, at the time of giving evidence in October 1995, Romane was jumping out of his sleep two (2) times per night, and three (3) times per week on average.
One and one half years before then, (October 1995) was the last time they had taken Romane to a doctor, (Dr. Royes) about his night behaviour.
Romane was "not so fast in learning" and had to be doing extra lessons.
(2) Evidence From Medical Practioners and a Psychologist
(a) Dr. A. McDonald M.B. B.S. FRESC Dr. M. Sung Consultant Surgeon, University Hospital
Dr McDonald's certificate was tendered in evidence. In it he indicated that Romane was seen on 11th March 1989, after he was allegedly involved in a motor vehicle accident.
He gave the following findings:
"Clinical examination was normal except for a haematoma over the right occipital area of the skull. X-ray of the skull revealed no fractures. The child's mother was reassured and the patient sent home with instructions to return the following morning for review. His injuries were not considered serious and no permanent disability should result."
(b) Letter Of Referral From The Bustamante Children's Hospital To The Paediatric surgery Resident/Consultant Of The University Of The West Indies
This letter recalled the following features of the patient's history and condition:
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1. Taken to University Hospital after the accident. X-Ray of skull proved normal. Panadol elixir prescribed.
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2. He became irritable and vomited bright red blood. But was otherwise asymtomatic.
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3. Taken to Children's Hospital March 12, 1989. On examination he was irritable but easily soothed by his mother.
Other features:
Pink and moist. He was afebrile. His abdomen and central nervous system were normal.
He had (1) a haematoma 3x3 c.m. (soft) to the right parietal region. (2) a haematoma on the right foot plantar aspect.
X-Ray of his chest, abdomen long bones, foot and skull revealed no abnormalities.
Blood investigations revealed: No abnormalities.
He remained stable throughout his stay in the Children's Hospital.
He was referred to the University Hospital for follow-up as an out patient.
(c) Medical Report Of Dr. John Roves
After tracing the history of the patient Dr. Royes stated that Romane was taken to him on 15th March 1989 because his neck was thought to be stiff. He then made the following...
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