Page Marsha v Malcolm Campbell

• Jurisdiction: Jamaica
• Court: Supreme Court (Jamaica)
• Judge: Sykes J (Ag)
• Judgment Date: 29 June 2004
• Judgment citation (vLex): [2004] 6 JJC 2903
• Date: 29 June 2004
• Docket Number: SUIT NO. C.L. 2002/P-006

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. 2002/P-006

BETWEEN

MARSHA PAGE

CLAIMANT

AND

MALCOLM CAMPBELL

DEFENDANT

Mr. Alexander Williams

Mr. Leslie Campbell

DAMAGES - Motor vehicle/Pedestrian accident - Personal injuries - Pain and suffering - Loss of amenities - Special damages

Sykes J (Ag)

1 ASSESSMENT OF DAMAGES

2 Facts

3 Along the Mandela Highway in Jamaica there is an education complex known as the Hydel Group of Schools. There are also business places nearby. The mere statement of these facts suggests much pedestrian traffic in this locality. On Wednesday February 21, 2001 at approximately 5:30pm, in close proximity to the schools, an accident occurred. Miss Marsha Page (the claimant) was struck down by a Nissan Bluebird motor car owned and driven by Mr. Malcolm Campbell (the defendant).

4 The Mandela Highway is a dual carriage way. She had safely negotiated the Kingston-bound side of the highway and the right lane of the Spanish Town-bound side of the highway. She carefully checked to see that no vehicles were approaching. She continued crossing. As she was crossing the left lane of the Spanish Town-bound side of the highway Mr. Malcolm crashed into her.

5 Mr. Malcolm has accepted liability. The only outstanding matter is the amount to be awarded as general damages for pain, suffering and loss of amenity*. There is no claim for other items of general damages. Special damages were agreed at $41,296.40.

6 The assessment

7 (a) The nature and injuries sustained

8 Miss Page lost consciousness. She revived while traveling in the rear of a van to the Spanish Town Hospital where she was admitted. During the journey to the hospital, she lost consciousness again. She woke up in the casualty department.

9 Her left arm was broken. She had bruises and cuts to her face, neck, left leg, right hand, left hip, and left shoulder. Her left ankle was swollen and sprained. She spent one week in hospital.

10 (b) The nature and gravity of resultant physical disability

11 She is now permanently scarred on the back of her left shoulder. The scars run down the triceps of her left hand and unto the back of the left forearm. There are multiple scars on the left forearm. Scarring also appears on the right side of her neck, her left knee and left hip. Two medical reports were produced to support her claim for damages.

12 The first is from Dr. Mark Minott, Consultant Orthopaedic Surgeon, at the Spanish Town Hospital. His report is dated January 11, 2002. He noted that Miss Page had:

• i. numerous soft tissue injuries;

• ii. no neurological deficits;

• iii. laceration on right side of face and neck;

• iv. neck movement limited by pain;

• v. upper left limb had numerous abrasions and lacerations on extensor aspect;

• vi. left knee has a three centimetre by two centimetre laceration over the patella;

• vii. left ankle had pain and tenderness with movement; and

• viii. left humerus had a displaced fracture of the neck of humerus.

13 The second report by Dr. Rajeev Venugopal, Consultant Plastic Surgeon, at the University Hospital of the West Indies, declared that the soft tissue injuries (the scars) suffered by Miss Page have not produced, in her, any functional deficits.

14 Miss Page says that she is unable to lift heavy weights with her left arm and even when she is washing clothes she feels pain around the area that had been fractured. The medical reports to not address this issue.

15 This led Mr. Campbell to...