Wayne Williams v Rohan Duncan
| Jurisdiction | Jamaica |
| Judge | Hutchinson, J |
| Judgment Date | 02 July 2021 |
| Neutral Citation | [2021] JMSC Civ 125 |
| Docket Number | CLAIM NO. SU2019CV01075 |
| Court | Supreme Court (Jamaica) |
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CLAIM NO. SU2019CV01075
Representation: Kevin Williams and Regina Wong instructed by Grant, Stewart, Phillips and Co for the Claimant
Assessment of Damages — Personal Injury
CORAM: Hutchinson, J
This matter which came before me for assessment of damages had its origins in a motor vehicle collision which occurred on the 20 th of August 2018 at 4:50 pm in the vicinity of Ocean Boulevard and Port Royal Street. The collision occurred when a Nissan Tiida Latio registered 2904 GS which was being driven by the Defendant collided in the rear of the Claimant's Suzuki Swift motor car registered 4733 HJ. The matter was uncontested as the Defendant who was served on the 4 th of April 2019 failed to file an acknowledgment or service. Default Judgment was entered on the 24 th of April 2019 after which the matter was listed for Assessment of Damages. The Defendant was served with notice of assessment, witness statements of the Claimant and a number of additional documents on the 8 th of April 2021, he however failed to attend or participate in this hearing.
The Claimant requested that he be compensated for special damages for which he produced the following documents;
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(a) Medical Report of Dr. Suzanne Minott — Arscott dated 11 th January 2019. Receipt for Medical report $5000.
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(c) Payment of $1400 for a visit with Dr Arscott.
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(d) Payment of $2100 for a follow up visit with Dr Arscott.
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(e) Invoice and Payment to El Shaddai for an x-ray in the sum of $8000.
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(f) Invoice and Payment for CT scan —$18,000.
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(g) Receipts for prescription filled at the New Kingston pharmacy $9318.
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(h) Receipt from Stewart's Auto Sales re: payment of excess in the sum of $210,000
On my review of the receipts presented in respect of sums paid for prescription, x — rays, CT scan and the medical report, I found that the Claimant had proved medical expenses in the sum of $48, 818. In respect of the documentation produced by Stewarts Auto Sales to prove the excess which was paid by the Claimant towards the cost of the initial repairs done to the vehicle, I am satisfied that this amount had to be paid out of pocket and the Claimant ought to be reimbursed for same.
An additional claim was made for loss of use of his vehicle for a period of 87 days which he explained was the time that elapsed while he waited for a determination to be made as to who would be responsible for the cost of the repairs to his vehicle. The daily rate of $3,657.86 was proposed in light of the fact that the sum of $25,605.04 was paid to the Claimant by his insurers JNGI for a period of 7 days. The sum which would then be due taking into account this for this payment amounts to $292,628.78. I accept that these expenses have been proven by the documentary and other evidence provided and as such I am prepared to award the Claimant the sum of $551,446.78.
Dr. Minott-Arscott saw the Claimant on the 21 st of August 2018 and in the report produced by her she observed that the following injuries had been suffered by him;
It was noted that the report did not provide a restricted range of movement neither did it provide an opinion in respect of any possible permanent partial disability or whole person impairment. Neither was there any evidence provided by the Claimant in respect of any ongoing issues.
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(a) Pain in his shoulders.
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(b) Mild occipital headache.
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(c) Pain on flexion and rotation of his head indicative of whiplash injury for which he was provided with muscle relaxants and sent for an x-rays of his neck and lower back. He was also advised to have a CT scan conducted if these headaches continued.
The X-ray report revealed evidence of loss of cervical lordosis with the final impression being a finding of...
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