Madden (Yvette) v Metro Car Rentals Ltd and Christine Tomlinson

• Jurisdiction: Jamaica
• Judge: Coram: MORRISON J. (Ag.)
• Judgment Date: 11 January 2008
• Judgment citation (vLex): [2008] 5 JJC 1301
• Court: Supreme Court (Jamaica)
• Date: 11 January 2008
• Docket Number: CLAIM NO. 2005HCV00265

IN THE SUPREME COURT OF JUDICTURE OF JAMAICA

CLAIM NO. 2005HCV00265

BETWEEN

YVETTE MADDEN

CLAIMANT

AND

METRO CAR RENTALS LIMITED

1 ^ST DEFENDANT

AND

CHRISTINE TOMLINSON

2 ^ND DEFENDANT

NEGLIGENCE - Motor vehicle accident - Assessment of damages

1 Oral delivery of judgment on 13 ^th May, 2008

Assessment of Damages

Coram: MORRISON J. (Ag.)

2 At the conclusion of the assessment hearing on Friday, 18 ^th January 2008, owing to considerable time constraints, I ordered that written submissions were to be exchanged between the parties by 1 ^st February 2008 and that final written submissions be submitted to the Court by 8 ^th February, 2008. Up to the date of writing this judgment being 13 ^th May, 2008, I am yet to receive same despite administrative reminders to both counsel. I can only hope that the omission to obey the orders are not intentional. In spite of their collaborative failure I feel compelled to proceed to give my judgment lest I be overtaken by superventing considerations.

3 On the 3 ^rd August 1999 the Claimant was injured as a result of the negligence of the 2 ^nd Defendant, the servant and/or agent and/or permitted driver of the 1 ^st Defendant. The Claimant received treatment from Dr. Sonia Davidson on the day following the accident.

4 The doctor received the following complaints: headache, neck pain, backache and pain in the left leg. The report continues, "when examined there appeared to be pain on the right side of the neck when the head was rotated to the left. The pain radiated to the right shoulder and to the inner aspect of the right scapula. Pain behaviour was also elicited in the right posterior thoracic region when patient moved her body into some normal posture. There was also evidence of left calf stiffness ..."

5 She was then referred to a physiotherapist despite whose intervention, "she continued to experience pain of varying intensity especially in the right dorsal region and neck. She has also experienced tingling in her legs and toes."

6 The doctor opined that in addition to muscular and ligamentous strain in the affected area she may also have intervertebral disc protusion. As to the latter, a Magnetic Nuclear Imagining (MSI) investigation was ordered by Dr. Davidson.

7 As no defence was filed to the claim for damages instituted by the Claimant judgment in default was entered against the Defendants on the 27 ^th June 2005.

8 The Claimant's attorneys advanced submissions along...