Hugh Collins v Sergeant Vassell
| Jurisdiction | Jamaica |
| Judge | L. Pusey J |
| Judgment Date | 07 July 2023 |
| Docket Number | CLAIM NO. 2014HCV02050 |
| Court | Supreme Court (Jamaica) |
and
[2023] JMSC Civ. 105
L. Pusey J
CLAIM NO. 2014HCV02050
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CIVIL DIVISION
Negligence — Fatal Accident — Assessment of Damages — Constitutional Breach — Aggravated Damages — Exemplary Damages — Damages under the Fatal Accident — Damages under the Law Reform (Miscellaneous Provisions) Act
Miss Carleen McFarlane instructed by McNeil & McFarlane appeared for the 1 st Claimant
Miss Elece Campbell watching on behalf of the 2 nd Claimant
Mrs. Gail Mitchell and Miss Celia Middleton instructed by the Director of State Proceedings appeared for the 1 st and 2 nd Defendants.
Unforeseen circumstances created challenges which prevented the timely delivery of this judgement. The Court regrets this inordinate delay and sincerely apologizes for their part in this delay.
Reference may be made, from time to time, of the parties in the Claim by their first name out of convenience. No disrespect is intended towards the parties by employing this approach.
On or about the 16th day of March 2012 at Constant Spring Road in the parish of Saint Andrew at approximately 1:00 a.m., the deceased, Miss Dianne Gordon, was at her home when Sergeant Vassell, the 1st Defendant, in the company of several other members of the Jamaica Constabulary Force (JCF) stationed at Constant Spring Police Station and/or other Police Stations in the Corporate Area entered upon the deceased's family home and/or in its immediate environs with high-powered weapons.
The 1st Defendant and the other accompanying Police Officers unleashed a barrage of gunshots in the deceased community. Several of the shots fired entered the body of the deceased while she was walking from her home to a nearby “dead yard”. The injuries were fatal. The deceased was shot approximately nine (9) times, in close range, in her head, chest, forearm, and thighs. The deceased died on that same day. There is no evidence to suggest that, at the time of the deceased's death, the 1st Defendant and the other accompanying Police Officers were acting in lawful self defence or were under any attack from any members of the deceased's community.
The deceased died leaving behind her spouse, Mr. Hugh Collins, the 1st Claimant herein, and her two (2) daughters, Cameshia Collins and Christina Collins — all of whom were her dependents. Consequently, a claim was brought against the 1st and 2nd Defendants by way of Claim Form and Particulars of Claim filed on the 30th day of April 2014 by the 1st Claimant which was later amended to include the 2nd Claimant, on the 19th day of September 2016, as the deceased's personal representative and because the initial Claim included a minor dependent. The Court wishes to clarify that the 2 nd Defendant was named a party in these proceedings by virtue of section 3 of the Crown Proceedings Act and not on the basis of any wrong doing.
The Claimants allege that the injuries subsequent to the death of the deceased are as a result of the negligent and/or wrongful shooting by the 1st Defendant and other member of the JCF which has caused the deceased's dependents to suffer injury, loss, damage and incurred expenses.
The following relief are sought–
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(a) Damages under the Fatal Accidents Act and/or under the Law Reform (Miscellaneous Provision) Act;
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(b) General Damages for Negligence;
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(c) Exemplary and/or in the alternative Aggravated Damages;
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(d) Constitutional/Vindicatory Damages;
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(e) Special Damages in the amount of Four Hundred and Twenty-Two Thousand Dollars ($422,000.00);
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(f) Interest on the said Damages pursuant to the Fatal Accidents Act; and
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(g) Costs
The Defendants filed a Defence Limited to the Quantum of Damages to be Awarded on the 3rd day of February 2015 and judgement was entered against the 2nd Defendant on their admission of liability on the 11th day of September 2015 for damages to be assessed and costs to be taxed.
The evidence for the Court's consideration came from the dependents of the deceased, Hugh Collins, Christina Collins and Cameshia Collins and is summarised as follows:
The deceased, Dianne Gordon was born on 1st day of September 1966 and was healthy up to the time of her death. Further, up to the time of her death, she was employed at Duggan Consulting Limited (“DCL”) as an Office Attendant and operate a shop at Constant Spring Road.
The 1st Claimant states that Dianne earned approximately Ten Thousand Dollars ($10,000.00) weekly as an Office Attendant and from operating the shop she earned approximately Ten Thousand Dollars ($10,000.00) to Fifteen Thousand Dollars ($15,000.00) per week. Dianne used approximately 80% of her total weekly earnings to care for her 2 daughters and the 1st Claimant, her spouse.
The 1st Claimant further states that he spent Three Hundred and Twenty-Two Thousand Dollars ($322,000.00) at Sam Issacs, Sons Limited for the funeral expenses and a total One Hundred Thousand Dollars ($100,000.00) for the deceased's wake and for travelling expenses.
The 1st Claimant indicates that he is the only now responsible for Cameisha Collins whom he provides Five Thousand Dollars ($5,000.00) weekly to for her bus fare and lunch money. He explains that Dianne habitually prepared meals for the family and that he has cried constantly since her death.
He recalls that on the night of her death, March 16, 2012, he saw Dianne laying on the ground between his home and bicycle and when he held her parts of her head started to fall apart and that was how he realized she was deceased. He remembers that she had blood all over her and her arm was almost torn off. Shortly after, he says, the police came and he watched them pick up the spent shells that were on the ground.
He states that sometime after that, INDECOM came and took statements and the police took Dianne's body away. He covered Dianne's blood with dirt, but he cannot recall what happened after doing that for a few days as he was numb. He also states that he cannot remember the details about planning the funeral and having the funeral as he was traumatized. He remembers his children being around and crying a lot after Dianne's death, but he does not remember what happened to them.
He states he was with Dianne for twenty-five (25) years and that since Dianne's death he has been sad, nervous, suffered a lot of emotional pain and trauma, that he constantly has nightmares about seeing her body torn up and lying on the ground and his children appeared broken down.
Christina states that Dianne was her mother and though she was an adult at the time of her death, she was attending a tertiary institution which Dianne paid for and that she has now completed. She said that Dianne worked as an Office Attendant at DCL and operated a shop with her father, the 1st Claimant. Dianne gave her lunch money, bus fare, prepared meals, purchased clothes for her and attend all school activities. She said her father tried to operate the shop and take on the financial responsibilities usually carried by Dianne, but was not able to “manage.”
She said that on the date and time of Dianne's death, she got a phone call from her younger sister Cameisha that their mother had died. She ran to the scene where she saw Dianne lying on the ground covered in blood with a part of her head blown off and started to immediately scream at the sight of this. She remembers seeing men in “dark blue suits” who appeared to be police taking up objects which looked like bullets from the ground and an argument ensured between these men and members of the community. She then recalls that INDECOM came and took statements and her mother's body was removed from the scene.
Christina stated that she and her sister left their father alone in the house to go stay by their Aunt. Since that night, she says, that she constantly cries and remembers seeing her mother's body torn up. She could not eat or sleep for days and as such lost a lot of weight. She says that she still has trouble sleeping, has been anxious, nervous, lonely and has a feeling that “something is going to happen” since her mother's death.
She recalls that before her mother was buried she viewed her body at the funeral home which left her traumatised. She remembers that after the funeral she came home and had the realization that her mother was not home and she cried. She remembers her father crying a lot and spacing out and her little sister constantly looking at pictures of their mother's body and acting strange.
Cameisha stated that up to the time of Dianne's (her mother) death she was a child living in a happy family and was attending the Dunrobin Preparatory School. She indicated that her mother worked at DCL and operated a shop with her father, the 1st Claimant, where they sold mostly food items.
She states that financially, her family was not coping as her mother and father use to work together to provide for the family. Her mother's death caused her father to be stretched thin as he had to work longer hours to be able to maintain the family.
She said that at the date and time of her mother's death she accompanied her father outside and when her father shone his flashlight she saw her mother lying on the ground covered in blood with half of her head gone and her brain looking like liquid running out of her forehead. She remembers that her mother had bullet holes in her leg and arm and a piece of her foot was gone. At this sight she began to scream and cry for “murder” and...
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