Atkinson et Al v Sargeant

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J
• Judgment Date: 13 April 1972
• Neutral Citation: KN 1972 HC 2
• Docket Number: No. 21 of 1965
• Date: 13 April 1972

High Court

Glasgow, J.

No. 21 of 1965

Atkinson et al

and

Sargeant

F.E. Kelsick for plaintiff.

F.C. Adams for defendant.

Tort - Damages — Personal injury

Tort - Negligence — Traffic accident — Liability.

Facts: These were consolidated actions. The plaintiffs sought damages alleged to have been suffered by them as a result of the negligent driving of the defendant of his motor car — The plaintiffs suffered multiple injuries.

Facts: The issue in this case was whether the defendant was negligent in causing the collision between his motor car and that of the plaintiffs. The court found that the defendant was negligent, that he drove too fast and failed to keep a proper look out.

Held: General damages for the minor injury assessed at $50.00 and for the more serious injury assessed at $500.00.

Held: Judgment for the plaintiffs.

Glasgow, J

1 These actions – Nos. 21 of 1965, 22 of 1965, 23 of 1965 and 24 of 1965 — were consolidated. The plaintiff in each case claims from the defendant damages for personal injury and loss alleged to have been suffered by him or her as a result of the negligent driving by the defendant of motor car C.N. 1399 on the main public road near Needsmust Estate, St. Kitts, on the 25th February, 1965. 1n addition Keith Atkinson, the plaintiff in Suit No. 23 of 1965 claims damages for injury to his motor car C.N. 1764 alleged to have been caused by the negligent driving by the defendant of motor car C.N. 1399 on the same occasion.

2 The defence was the same in each case: the defendant denied that he was guilty of the act or acts of negligence alleged by the plaintiff, and stated that the alleged injury and/ or damage arose from the fact that a police constable who was driving a Land Rover immediately ahead of the defendant's motor car “suddenly, and without any signal whatsoever, slowed down the speed at which he was driving the said Land Rover, thus compelling the defendant in the agony of the moment, to swerve the said motor car into the path of the plaintiff's said motor car, in order to avoid colliding with the rear of the said Land Rover”

3 The facts are as follows: On the 25th February 1965, the plaintiff Keith Atkinson was living at Conaree Estate, St. Kitts, with his family. Mr. Atkinson was then the owner of motorcar C.N. 1764. At about 12.55 p.m. on that day Mr. Atkinson and his children, the other three plaintiffs, were travelling in motorcar C.N. 1764 from Conaree to Basseterre. Brenda Atkinson, then a learner driver, was driving the car, Mr. Atkinson was sitting in front on Brenda's left, and Roy and Irene Atkinson were sitting on the back seat of the: car. The car was proceeding along the main road. When the car passed Needsmust Estate yard it was travelling slowly. There was a bicycle approaching from the opposite direction just past the Factory Service Station on its proper side of the road. Some distance behind the bicycle there was a Police Land Rover travelling fairly quickly towards the direction of the Airport. The defendant's car C.N. 1399, driven by the defendant, was one or two lengths behind the Land Rover, also travelling fairly quickly in the direction of the Airport. The driver of the Police Land Rover drove his vehicle slightly to his right, as if going to overtake the bicycle; but realising that he could not pass the bicycle at the same time as Mr. Atkinson's approaching car, he signalled “slow-down” reduced his speed from more than 20 miles per hour to about five miles per hour, and moved bank to his left behind the bicycle. The defendant...