Clayton (Chevanese) v McIntosh Memorial Primary Sch, et Al

• Jurisdiction: Jamaica
• Judge: G. Brown, J (Ag.)
• Judgment Date: 06 November 2009
• Judgment citation (vLex): [2009] 11 JJC 0601
• Date: 06 November 2009
• Court: Supreme Court (Jamaica)
• Docket Number: CLAIM NO. 2007H CV 3753

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2007H CV 3753

BETWEEN

CHEVANESE CLAYTON (An infant suing by Next Friend and Mother Heather Lawrence Clayton)

CLAIMANT

AND

McINTOSH MEMORIAL PRIMARY SCHOOL

1 ^ST DEFENDANT

AND

MINISTRY OF EDUCATION, YOUTH AND CULTURE

2 ^ND DEFENDANT

AND

"SOUTHERN REGIONAL HEALTH AUTHORITY BOARD" MANDEVILLE REGIONAL HOSPITAL

3 ^RD DEFENDANT

AND

MJNISTRY OF HEALTH

4 ^TH DEFENDANT

AND

"BOARD OF MANAGEMENT" UNIVERSITY HOSPITAL OF THE WEST INDIES

5 ^TH DEFENDANT

AND

THE ATTORNEY GENERAL OF JAMAICA

6 ^TH DEFENDANT

Damage - Assessment - Injured at school - Loss of eye - General damages - Future medical expenses - Handicap on the labour market .

G. Brown, J (Ag.)

The Claimant brought an action to recover damages against the Defendants for negligence. On the 30 ^th November 2006 the Claimant was a student at the Mcintosh Memorial Primary School in the parish of Manchester. During a recess period another student threw a ball causing it to hit the Claimant in her left eye. She was treated at the Mandeville Regional Hospital and also the University Hospital of the West Indies. She lost total sight in her left eye. She was seven years old at the time of the incident and is now ten (7) years old.

The Defendant admitted liability and the issue before the court is the quantum of damage. On the 3 ^rd July 2008 the Claimant was examined by Dr. Zoe Wynter-Allison and on the 22 ^nd 2008 prepared a medical report which reads:

"I assessed Miss Chevanese Clayton as having:

Counsel for the Claimant and the Defendant made written submissions.

SPECIAL DAMAGES

Special damage must be pleaded and proved. She claimed the sum of $155,000.00 and produced receipts for most of the expenditure. In the Particulars of Special Damages the Claimant had failed to include a claim for transportation. However, a Notice of Intention to Tender Into Evidence Hearsay Statements filed on the 29 ^th April 2009 and served on the Defendant included transportation receipts. The Defendant did not object to them when they were admitted into evidence. However, Counsel sought to claim an additional sum of $34,565.00 for transportation. There was also a claim of $6,150.00 for registration fees for UHWI which was not pleaded and the Claimant also had no receipt.

It was submitted that the additional sum of $49,215.00 should be awarded for special damages in the absence of receipts. I do not find any merit to the submission.

The Claimant also sought a sum of $8000.00 for cost of food (lunch) as a result of visits to the hospital. The Defendant submitted that there was no nexus between the tort committed and her need to buy lunch as the Claimant would have to eat whether or not she went to the hospital on...