Gordon (Alton) v Tank Weld Ltd
| Jurisdiction | Jamaica |
| Judge | BESWICK, J. |
| Judgment Date | 13 June 2003 |
| Judgment citation (vLex) | [2003] 6 JJC 1301 |
| Court | Supreme Court (Jamaica) |
| Docket Number | CL 1998/G150 |
| Date | 13 June 2003 |
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
DAMAGES - Motor truck/Pedestrian accident - Personal injuries - Pain and suffering - Loss of amenities - Special damages
The plaintiff seeks to recover damages from the defendant, alleging that he suffered serious personal injury, loss and damage and incurred expenses due to the negligence of the servant and/or agent of the defendant.
Mr. Gordon, the plaintiff, testified that on March 15, 1995 whilst employed at Nembhard's Service Station at Molynes Road he was leaning on a wall there when suddenly he saw a truck come round a corner and pin him to the wall. He remained there in pain, panicking. Then the truck reversed and he dropped. His foot became swollen immediately. His boss/supervisor who had been sitting on a column at the scene of the accident took him to a doctor where he received medicine and went home.
About a week later, he noticed that the pain continued and his leg was "crook up". He therefore went to another doctor, Dr. Mutebi, and received treatment in the form of painkillers and was sent to be x-rayed at the Kingston Public Hospital.
It is Mr. Gordon's evidence that his right leg remained "crook up" for almost a year and that he had to use a stick. Indeed, even up to the time of giving evidence, some eight years later, he had had no ease from the pain in his leg.
He testified that the truck that pinned him to the wall bore licence number 1930 CC. However, he never saw who was driving it at the time. Specifically, he did not know if a hustler, Winston, was driving the truck at the time of the incident.
According to Mr. Gordon, in March 1995, he used to earn $500.00 weekly doing odd jobs and sweeping at the station and he would also do "roasts" such as washing cars.
In cross-examination Mr. Gordon said that he was paid according to how many mornings he worked doing odd jobs and handyman work. However from the time of the accident he never worked until 1997 when he had to do security work to "help out."
He received food from his supervisor and had to use that to feed his many children. This source of help dried up when the supervisor died. He was no longer able to buy medication and his foot became swollen with little bumps, exuding bloody water.
His evidence in chief was that he paid Dr. Mutebi one thousand dollars ($1000.00) for the first visit and on his next visit, one thousand five hundred dollars ($1500.00). For the medical report he paid one thousand dollars ($1000.00). In cross-examination his evidence was that he paid Dr. Mutebi about one thousand five hundred dollars ($1500.00) for the first examination and paid for the certificate as well as the x-ray on the second visit.
Mr. Gordon's evidence was imprecise concerning expenditure for medication. It is his evidence that he never considered it necessary to keep the receipts.
Initially, he named specific amounts, which ranged between $2500.00 and $80.00 but in cross-examination he said it was $1200.00 that he paid for painkilling tablets and at the same time he also testified that he paid amounts between $1500.00 and $80.00 for medication depending on what he bought. Then again he said that he thought that he had spent $5000.00 on medication.
For transportation he spent $250.00 on two occasions to attend the doctor's office and $150.00 twice to go to the hospital.
The defendant's witness, Mr. Glenton Taylor, testified that he is a haulage contractor and in March 1995 he worked at Tankweld. He had been sent by his boss to Nembhard's Service station to fit tyres on a truck owned by Tankweld. He and drivers from Tankweld used to go to Nembhard's many times to take gas oil, wash vehicles and change tyres. He knew Frankie to be the man in charge — the supervisor or manager. On March 15, 1995 he went to the Service Station and gave Frankie the purchase order to fit new tyres for the truck. Thereafter, on the instructions of Frankie, he parked the truck by the tyre shop.
He further testified that he gave the key for the truck to Frankie, left it under Frankie's control and returned to Tankweld. He expected that the truck would be driven only by Frankie or by someone instructed by, Frankie. He gave no permission or consent for anyone else to drive the vehicle.
In cross-examination he testified that it was normal for him to leave the keys for the truck at the Service Station. In fact that morning it was necessary to leave the keys because the truck would have had to be moved to be worked on or for the area to be used otherwise. He had never seen any Tankweld...
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