Bagnall v Mills

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Hylton, J.
• Judgment Date: 22 April 1993
• Neutral Citation: KN 1993 HC 9
• Docket Number: 179 of 1992
• Date: 22 April 1993

High Court

Hylton, J.

179 of 1992

Bagnall

and

Mills

Appearances:

Dr. Henry Browne for the Plaintiff.

Messrs. Emile Ferdinand and D. Kelsick of Kelsick, Wilkin and Ferdinand for Defendant.

Tort - Negligence — Apportionment of liability — Plaintiff contributorily negligent to his own injuries and 75% to blame and defendant 25% to blame for collision.

Hylton, J.

1 The Plaintiff an Accountant by a Writ filed on 13th August, 1992 claimed special and general damages against the Defendant in respect of personal injuries suffered as a result of a collision between him and the car driven by the Defendant on 18th May, 1991 which injuries he alleged were occasioned by the negligent or reckless driving of the Defendant.

2 At the outset Counsel for the Plaintiff informed the Court that the Plaintiff “seeks to establish liability first” “that no documentation will be tendered now” and that the one issue is “whether Defendant negligently or recklessly drove motor car and that without contributory negligence the Plaintiff suffered injuries”.

THE BACKGROUND AND EVIDENCE

3 There is at New Road, St. Peter's a shop called the Highway Bar situate on the left side of the road as one proceeds from Monkey Hill St. Peter's towards Basseterre. Across the road from the shop i.e. on the left side as...