McKane v Damille, Roberts and Ellis

• Jurisdiction: Jamaica
• Judge: Y. Brown, J.
• Judgment Date: 13 June 2017
• Neutral Citation: [2017] JSMC Civ 93
• Docket Number: CLAIM NO. 2015HCV04343
• Court: Supreme Court (Jamaica)
• Date: 13 June 2017

[2017] JSMC Civ. 93

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

Brown, J.

CLAIM NO. 2015HCV04343

Between

Erica McKane

Claimant

and

Brian Damille

1 ^st Defendant

and

Slivene Roberts

2 ^nd Defendant

and

Anthony George Ellis

3 ^rd Defednant

Tashell Powell instructed Zavia Mayne & Company for Claimant.

Defendant unrepresented.

Damages — Personal Injury — Negligence — Motor Vehicle — Abrasions — Laceration to the scalp — Soft Tissue Injury

CORAM: Y. Brown, J. (Ag.)

1 On the 20 ^th September 2013, the claimant Miss Erica McKane was walking along Camp Road in the parish of St. Andrew, in the vicinity of Arnold Road when the 3 ^rd Defendant who was driving a motor vehicle registered 6119GJ lost control of the said vehicle which mounted the sidewalk and hit the Claimant therefrom. As a result, she suffered injury, loss and damage and incurred expense.

2 Having been served with the Claim Form and Particulars of Claim, the defendants neither filed an acknowledgement of service nor a defence and so, an interlocutory judgment was entered on December 21, 2015.

3 On the 13 ^th June 2017, the matter came up for assessment of damages and the defendants were absent and unrepresented. The claimant Miss Erica McKane was sworn and her witness statement filed on December 7, 2016 was identified by her and thereafter admitted as evidence-in-chief.

4 Her injuries led her to the Kingston Public Hospital where she was treated by Dr. Phyu whose medical report was admitted into evidence. Upon examination of Miss McKane the doctor's findings were:

• — Mucus pink and moist

• — Oriented in time, place and person

• — Abdomen soft and non tender'

• — Abrasions to Medial right ankle

• — Laceration to scalp

And the diagnosis was as follows:

• — Multiple Abrasions

• — Soft tissue injury to right shoulder

• — Laceration to scalp.

Miss McKane whose treatment included Voltaren 75mg, Zantac 150mg, cleaning and dressing, and suturing was sent home with a referral to a health centre for the suture removal.

Special Damages

5 The Claimant substantiated her assertion that she had paid $3000.00 to obtain a police report in the matter. A receipt in relation to that payment was tendered and admitted into evidence. She also stated that the intense and severe pain that she was experiencing prompted her to visit her school clinic on several occasions to receive treatment, and each time she paid $800.00

6 In amplification of paragraph 11 of her witness statement, Miss McKane noted that she had received no medical report from the school clinic, “as they say they don't provide report for such cases.” Notwithstanding that bit of testimony, the claimant neither indicated the number of visits she made to the school clinic, nor did she provide any receipts in proof of payments. As such I have been placed in a position to accept that this item of special damages has not been satisfactorily proven. Hence, I will make an award of $3000.00 for special damages.

General Damages

7 The Claimant's counsel Miss Tashell Powell submitted for consideration, the cases of Anthony Simpson v Lloyd McMohan; andHugh Douglas v Morris Warp, Vincent McPherson, Sergeant Boreland and the Attorney General for Jamaica. Both cases are...