Conway Rhooms v Mai Zhang

• Jurisdiction: Jamaica
• Judge: Tie, J.
• Judgment Date: 23 July 2016
• Neutral Citation: [2016] JMSC Civ 132
• Docket Number: CLAIM NO. 2015 HCV 04867
• Court: Supreme Court (Jamaica)
• Date: 23 July 2016

[2016] JMSC Civ 132

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE CIVIL DIVISION

CLAIM NO. 2015 HCV 04867

Between

Conway Rhooms

Claimant

and

Mai Zhang

1st Defendant

and

Lance Scott

2nd Defendant

Mr Charles R. Campbell for the claimant.

Ms Mary Thwaites-Whittingham instructed by Daly, Thwaites & Company for the defendants.

Assessment of damages — whiplash injury — lumbrosacral back strain — no permanent disability

Tie, J. (AG)

1 On February 15, 2011, a motor vehicle collision took place along the Deeside main road in the parish of St Catherine when the second defendant, driving a vehicle owned by the first defendant, collided into the rear of a vehicle which was being driven by the claimant.

2 Liability was not contested and the matter proceeded to assessment of damages. Special damages having been agreed, the sole issue was that of the appropriate award for general damages.

3 The claimant's injuries were set out in the medical reports of Dr Bullock and Dr Rose.

4 Dr Bullock examined the claimant on the day of the incident. His findings may be summarised as follows:-

• — Whiplash injury to the neck with moderate pain and spasm of the muscles of the neck and the trapezius muscles extending to the occipital area of the head and both shoulders.

• — Tenderness of the posterior aspect of the neck.

• — Restriction in the normal ranges of movements of the neck by approximately sixty percent (60%) in all directions.

• — Lumbosacral back strain with moderate pain and spasm of the muscles of the lower back extending to the gluteal areas and hamstring muscles.

• — Tenderness of the tissues in the lumbosacral junction.

• — Restriction in the normal ranges of movements of the lower back.

5 A follow up visit the following month revealed pain and stiffness in the back and neck, as well as spasms of the trapezius and paracervical muscles. His neck mobility had improved by approximately forty percent (40%). He had spasms of the paravertebral muscles and tenderness of the tissue in the lumbosacral region. The mobility in his lower back had improved by thirty percent (30%), but it was noted that the pain in his lower back was aggravated by long standing and bending.

6 Dr. Rose examined the claimant on January 20, 2016 and assessed him with the benefit of the medical report of Dr. Bullock. At that time the claimant complained of pain whilst undergoing certain activities.

7 Dr Rose was informed that he was involved in another road traffic accident in September 2015 and that he had developed pains in the right shoulder, and that there was exacerbation of his neck pains.

8 Dr. Rose diagnosed him with chronic whiplash injury and chronic lumbo-sacral strain and opined that the road traffic accident on February 15, 2011 was the competent medical cause of his injuries. He determined that his condition was resolved.

The submissions on general damages

9 The claimant submits that general damages in the range of one million seven hundred thousand ($1,700,000) dollars to one million eight hundred thousand ($1,800,000) dollars is appropriate. In support thereof the claimant presented the following cases as useful guidelines in relation to quantum:-

• — Lascelled Allen v Ameco Caribbena Incorporated and Peter Perry (Claim No. 2009 HCV 03883)

• — Matthew Wallace v Mark Anthony Kettle (Claim No 2009HCV 06399)

• — Talisha Bryan v Anthony Simpson & Andre Fletcher (Claim No. 2011 HCV 05780)

• — Cornell Tomlinson v Dennis Gordon (claim No 2010 HCV 04670)

10 The defendant on the other...