Browne v Etienne

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Velma Hylton, Q.C. J.
• Judgment Date: 22 February 1993
• Neutral Citation: KN 1993 HC 6
• Docket Number: No. 58 of 1992
• Date: 22 February 1993

High Court

Hylton, J.

No. 58 of 1992

Browne

and

Etienne

Mr. H. Benjamin far the Plaintiff

Mr. G. Hamilton for the Defendant

Damages - Personal injury — Damage to the right leg — Quantum.

Velma Hylton, Q.C. J.

1 The plaintiff's claim is for damages — general and special arising of a collision between him as a motor-cycle rider and a car driven by the defendant.

THE BACKGROUND AND THE EVIDENCE

2 The plaintiff is a construction worker of Rawlins Village, Nevis and the defendant is a Clerk of Basseterre, St. Kitts. On 19th May, 1991 in the afternoon around 3.30 the plaintiff was riding his motor-cycle along the Pinneys Road in the direction from Charlestown towards Four Seasons Hotel traveling on his left and correct side of the road. At the same time the defendant was driving a rented motor car in the opposite direction. There was a collision resulting in serious damage to the right leg of the plaintiff and his motor-cycle was extensively damaged.

3 The Plaintiff's case is that while riding along the road on his left or correct side he heard a sound which he assumed to be the sound of tyres of a vehicle — he saw nothing ahead of him — so he looked behind — saw nothing — he looked behind a second time and on looking forward he saw a motor car approaching from the opposite direction “swayding” in the road and he used his right hand to indicate a “to and fro” motion. The motor car he said was driven by the defendant and it collided with his right leg — he was thrown in the air and landed in the bushes on his extreme left. He became aware of hands attempting to lift him and then he was taken to the Alexandra Hospital and from there he was transferred the same day to J. N. F: Hospital in St. Kitts where he was treated by Mr. Desmond Fosbery, Consultant Surgeon.

4 His injuries consisted of –

• (1) fractured shaft of right femur (thigh bone).

• (2) a 3” wound over the right knee joint with involvement of the joint.

• (3) wounds of the right foot.

• (4) other abrasions and contusions.

5 He suffered no injury to the head, neck or spine.

6 He remained in the J. N. F. Hospital until 5th May, 1991 when he was transferred — being mobile on crutches to the Alexandra Hospital where she remained a further week. Thereafter he returned to the Alexandra hospital every day for exercises for a period of one month and he made follow-up visits to Mr. Fosbery in St. Kitts on the 26th June, 1991, 26th August, 1991 and 22nd November, 1991. A femural rod which was inserted into his right leg on or about 19th May, 1991 by Mr. Fosbery was removed by him at the J.N.F. Hospital on 21st April, 1992 and this necessitated further sick leave from 21st April, 1992 to 11th May, 1992 both days inclusive. The initial period of sick leave having been from 19 ^th May, 1991 to 19th August, 1991. In this regard however the plaintiff asserts, and this was not contradicted, that he was unable to work for about 10 months and at that time his salary was $300 weekly.

7 The plaintiff's motor cycle was extensively damaged and the estimate of the cost of repairs was given as $9,000.

8 The plaintiff accordingly claimed Special Damages, General Damages, interest at the rate of 5% per annum from date of filing of Writ on 23 ^rd July, 1992 until payment or judgment and costs.

9 The plaintiff's evidence in relation to Special damages is:–

(1)	approximate loss of wages	$3,000
(2)	medical fees to be paid	$2,305
(3)	cost of medication, knee-band & ointment	$156
(4)	cost of transportation to and from St. Kitts	$203
(5)	Cost of transportation within Nevis	$210
(6)	Estimated cost of repairs to motorcycle	$9,000

10 The further evidence of the Plaintiff is that on the day of the collision his motor cycle a 1971 model which was bought by him for $2,000 (less than 2 years prior to 19th May, 1991) was unlicensed and uninsured having been off the road for about 5 months due to the need of tyres and sprocket and chain.

11 He testified that having obtained the tyres, sprocket and chain for $560 he was test-riding the motor cycle to visit his sister when the collision occurred.

12 He asserted that he was riding carefully — not negligently on his correct side of the road and there was nothing he could do to avoid the collision when he saw the car driven by the Defendant coming towards him in the manner aforementioned.

13 The Plaintiff called two witnesses — firstly Mr. Robert James who while driving towards Charlestown from the direction of the Airport was flagged down by two men on the right side of the road. The two men were n a trench — two motor cars and a motorcycle were nearby. Also lying in the trench was a young man — whom he now assumed to be the Plaintiff who was “lying on the ground and groaning that his leg was broken”. Mr. James took the injured man to the Alexandra Hospital and noticed that there was a large amount of blood where the injured man had been placed in his car.

14 Secondly the Plaintiff called P.C. Joshua Halliday of the Traffic Department of the Police Force and stationed in Nevis. On visiting the scene of the collision he saw the motor cycle lying in the grass on its side on the left of the road as one travels from Charlestown towards the Airport i.e. the seaside. Motor car R 7598 parked on the mountainside of the road facing east. On enquiry the Defendant identified himself as the driver and he gave an explanation of the collision which was recorded in the Traffic measurement Register. This explanation was:

“I was driving motor car R598 from Four Seasons Resort to Charlestown when I reached at Pinney's Road the corner just after you pass the gap to go into Pinney's Beach I saw a motor cycle P3658 traveling in the opposite direction. and just as I cleared the corner. I was driving about 25 mph The motor cycle had a fair amount of speed. I then blew my horn because the rider of the motor cycle was looking back on the cycle. At the same time as I cleared the corner my right front tyre blew out. When the rider of the cycle then look up it was too late to avoid the collision and the right side of his vehicle collided to the right front section of my vehicle. I then stop my vehicle as the motor cyclist fell into some grass that was on the seaside of the road.”

15 The Defendant pointed out the Point of Impact — (the Plaintiff was not present having been taken to the Hospital and he was never taken back to the...