The Administrator General for Jamaica v Airlift Handlers Ltd
| Jurisdiction | Jamaica |
| Judge | Wint – Blair, J |
| Judgment Date | 12 October 2022 |
| Year | 2022 |
| Court | Supreme Court (Jamaica) |
| Docket Number | CLAIM NO. 2009 HCV 05229 |
and
and
[2022] JMSC Civ 177
CLAIM NO. 2009 HCV 05229
CLAIM NO. 2011 HCV 05998
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
Negligence — Whether res ipsa loquitur applies — Prima facie case — Defendants in rebuttal — Fatal Accidents Act — Law Reform (Miscellaneous Provisions) Act
Ms. Jacqueline Cummings instructed by Archer, Cummings & Co., Attorneys-at-Law for the Claimant
Ms. Catherine Minto instructed by Nunes, Scholefield and DeLeon & Co., Attorneys-at-law for the Defendant
Ms. Geraldine Bradford, representative of the claimant present
The claimant, The Administrator General for Jamaica, (Administrator of Estate Weston Wilson, deceased), claims that on or about October 5, 2005 the deceased was travelling along Waltham Park Road in the parish of Saint Andrew as a passenger in motor vehicle registered 8611 DX being driven by the second defendant, Michael Angelo Daley, the servant and/or agent of the first defendant, Airlift Handlers Limited; when the second defendant collided with motor vehicle registered 0136 DM being negligently driven by the second defendant, Nicole Dwyer, the servant and/or agent of the first defendant, Merrick Myrie.
These actions were commenced under the provisions of the Fatal Accidents Act and the Law Reform (Miscellaneous Provisions) Act for the benefit of:
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i. Sanjay Wilson, a son of the deceased, born on December 15, 1988;
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ii. Jahmal Wilson, a son of the deceased, born on December 21, 1996;
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iii. Travis Wilson, a son of the deceased, born on August 29, 1989; and
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iv. Kemar Wilson, a son of the deceased, born on November 7, 1982.
At the time of his death, the deceased was forty-two (42) years of age, enjoyed good health and lived a happy and vigorous life. He was employed as a ramp attendant at Airlift Handlers Limited and his net monthly income was Fourteen Thousand Nine Hundred and Two Dollars and Eighty Seven Cents ($14,902.87) per month or One Hundred Seventy Eight Thousand Eight Hundred Thirty Four Dollars and Forty Four Cents ($178,834.44) per annum.
The children of the deceased were wholly dependent upon him for support and by his death have lost their means of support, and suffered loss and damage. Further, the claimant claims the following sums:
| Funeral expenses | $200,000.00 |
| Costs of Letters of Administration | $ 91,439.20 |
| Total: | $291,439.20 |
And the claimant claims:
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(a) Damages under the Fatal Accidents Act for the dependents of the deceased;
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(b) Damages under the Law Reform (Miscellaneous Provisions) Act for the benefit of the estate of the deceased.
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(c) Loss of expectation of life.
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(d) Costs
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(e) Attorneys-at-law costs
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(f) Such other and/or relief as this Honourable court deems fit.
Letters of Administration were granted to the claimant by this court on June 26, 2008. In the 2009 claim, the first defendant was at all material times a company with registered offices at 110 Hagley Park Road, Kingston 11, St. Andrew and the registered owner of motor vehicle registered 8611 DX. The second defendant was at all material times the agent and/or servant of the first defendant and the driver of the said motor vehicle. In the 2011 claim, the first defendant was at all material times the registered owner of motor vehicle 0136 DM. The second defendant was at all material times the agent and/or servant of the first defendant and the driver of motor vehicle registered 0136DM.
The following facts have been admitted by Miss Minto:
a. On October 5, 2005, a motor vehicle collision occurred involving the motor vehicles owned by the first defendants in each claim respectively.
b. This collision occurred along Waltham Park Road, St. Andrew.
c. That Michael Daley was operating the vehicle owned by Airlift Handlers Limited, while Nicole Dwyer was operating the vehicle owned by Merrick Myrie.
d. Michael Daley was operating the said vehicle as the servant and/or agent of Airlift Handlers Limited.
e. That Weston Wilson was an employee of Airlift Handlers Limited and was a passenger in its vehicle at the material time.
f. Weston Wilson died as a result of fatal injuries sustained in the accident.
Airlift Handlers Limited denies that the collision was caused by the negligent driving of the second defendants in both actions and contends that the accident was caused solely by the negligence of Nicole Dwyer. The particulars of negligence are:
a. Driving at an excessive, dangerous and/or improper speed.
b. Failing to have any or any regard for other users of the road.
c. Failing to keep a proper lookout.
d. Failing to maintain any control of the vehicle, and driving at a speed which rendered it difficult to control the vehicle.
e. Driving onto the incorrect side of the road and there colliding with 1 st defendant's vehicle.
f. Driving without any due care and attention.
g. Negotiating a corner while driving at an excessive speed.
h. Failing to see or observe in suffice [sic] time or at all the presence of the first defendant's motor vehicle along the said main road.
i. Failing to take the necessary precautions when negotiating a corner.
j. Failing to keep the vehicle to its side of the roadway, crossing over the centre and into the path of the first defendant's motor vehicle.
k. Failing to stop, slow down, swerve or otherwise so manage or control the said motor vehicle so as to avoid the said collision.
Agreed documents
The Exhibits in this trial are set out below:
1. Receipt no. 13 from Karlene Whitter dated October 28, 2005 for funeral expenses
2. Death certificate
3. Grant of Administration extracted on June 26, 2008
4. Formal order on Fixed Date Claim Form – filed on December 22, 2017 - declaration of paternity
5. Invoice dated July 13, 2009
6. Payslip of Weston Wilson for period ending May 26, 2003
7. Photographs of vehicles involved in the accident
8. Judgment dated November 3, 2008 in Claim No. 2007 HCV 01855 Airlift Handlers v Richard Collins (aka David/Dave Collins and Nicole Dwyer.
Leon Stephenson was called as a witness by counsel for Airlift Handlers Limited and Michael Daley. He was an eye witness to the collision. In his witness statement 1, he described the events on the night of October 5, 2005. He then was a ramp attendant employed to Airlift Handlers Limited at the Norman Manley International Airport. His employers were the cargo handlers for Air Jamaica and then Caribbean Airlines and to a lesser extent Air Canada and British Airways at that time.
Ramp attendants were responsible for offloading and loading cargo and luggage, tugging the aircraft from the gate to the runway for taxiing and take off; marshalling and directing flights on landing and for take-off; and generally communicating with the cockpit for landing and take-off.
On October 5, 2005, he did not conclude his duties until almost midnight. The shift should have ended at 8:00pm but its end was delayed until almost midnight due to difficulties with some flights. The crew boarded the staff bus provide by his employer for home. The bus that night was a white Toyota Hiace mini bus, driven by Michael Daley.
The driver stopped to drop off staff at various locations and then turned on to Waltham Park Road heading in the direction of Hagley Park Road The witness said he was seated directly behind the driver; and was the only one in that row. There were now only a few others in the bus. Devon Smith sat in the row behind him, Ian Stephenson and Cheddie sat in the row behind Mr. Smith and Trevor Edwards and the deceased Weston Wilson sat in the back row.
The bus drove onto Waltham Park Road and approaching a church, with their driver on his correct left side of the road, he saw a Noah bus approaching from the opposite direction at a high rate of speed. As it approached it negotiated a deep right bend speeding. The witness described hearing the screeching wheels of the Noah bus and it appeared to be skidding sideways on two wheels.
The witness said to Mr. Daley, “a how dis driver a drive so.” By the time he said this, he saw the Noah bus “shot across the road to its right, directly towards the right side of our staff bus.” He saw the Noah coming towards them and he quickly jumped to his left close to the passenger door and braced himself for the “hit.” He felt Mr. Daley swerve their bus to the left to avoid the hit, but the Noah still collided directly into the right side of the staff bus pushing their bus over. It ended up against the column of the church on the left side of the road.
After the collision, the witness stood up in a window of his vehicle and saw the Noah bus overturned on its left side and skating down the road. It was the early morning and the road was quiet when the collision took place.
He tried to help his co-workers as best he could. Weston Wilson had been thrown from the vehicle with his head and chest against the wall of the church. Weston Wilson tried to speak to him but could not, he was bleeding from his nose and the corner of his eyes. The other passengers were also badly injured. Mr. Wilson was taken to the Kingston Public Hospital. The police arrived.
The driver of the Noah bus fled the scene, five of his co-workers died in that accident, only himself and Michael Daley survived.
There is no evidence before this court to contradict the account of Leon Stephenson. The claimant and Airlift Handlers Limited have obtained a judgment in default against Nicole Dwyer entered on January 23, 2018.
Sanjay Wilson gave sworn...
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