Browne v Zimmerman

• Jurisdiction: Saint Kitts and Nevis
• Judge: Glasgow, J.
• Judgment Date: 10 January 1972
• Neutral Citation: KN 1972 HC 1
• Docket Number: No. 2 of 1969
• Date: 10 January 1972
• Court: High Court (Saint Kitts and Nevis)

High Court

Glasgow, J.

No. 2 of 1969

Browne

and

Zimmerman

F.E. Kelsick for plaintiff.

C.O. Byron for defendant.

Damages - Personal injury — Injury to right arm

Facts: The plaintiff was a passenger in a bus which collided with a truck. She sustained injuries to her right arm which had afterwards fully healed.

Held: In assessing damages, the court would take into account the gravity of the injury and the pain suffered. General damages assessed at $3,500.00. Special damages assessed at $14,573.60.

Glasgow, J.

1 In this action the plaintiff claims damages for negligence as the result of a collision which occurred on the 9th September, 1964, at the public road at Cades Bay, Nevis, between Motor truck CN 1357 owned by the defendant and driven by the defendant's servant or agent, and motor omnibus CN 177 in which the plaintiff was then travelling as a passenger.

2 Liability having been admitted by the defendant, the only issue is the assessment of damages. The material upon which this assessment must be made consists of the plaintiff's evidence and the evidence of Dr. Charles Jong, a medical practitioner. In the course of his evidence the plaintiff said:

“The track struck my right arm and break it. It was a severe lick. On the same day I was sent to the Alexandra Hospital at Nevis and later the same day I was sent to the Cunningham Hospital in St. Kitts. I was detained at the Cunningham Hospital from 9th September 1964 to 6th November 1964. During that time an operation was performed on my arm. I know Dr. Jong. He attended to me at the Hospital. I returned to the hospital on 15th January 1965 and left on 26th January 1965.

During that time my said arm was operated on again. I was an outpatient at the Cunningham Hospital for 9 months. I visited as an outpatient every two weeks. During that period I could not work. My right arm was in a cast, which extended from my shoulder almost to my wrist. When the cast was removed my arm was kept in a sling for about 3 months or so, I can use my arm fully now, but it is not like the original. Sometimes I feel a twinge in it. I suffered serious pain and was unable to move my arm for about 6 months. I could however move my fingers. I started doing arc welding in 1945. I was trained by the Army. When I left the Army I came back home in Nevis and worked in the Sugar Factory Welding Shop. I later went to the Virgin Islands where I did arc welding in the docks. From there I went to the U. S. where I did arc welding. At the time of the accident I was home on two weeks vacation to see my family …”

3 Under the heading “Particulars of Special Damage” in his Statement of Claim, the plaintiff claims $7593.12 U.S. Currency for ‘Loss of earnings as an arc welder at the U. S. Navy Yard at Brooklyn, New York U.S.A., where the plaintiff was then employed in that capacity for period of 9 months in 1964 to 1965 at the rate of $210.92 United States Currency per week”. In his evidence at the trial the plaintiff stated that he used to get at the Navy Yard in Brooklyn $3.75 per hour for normal working hours and double pay for working on Sundays and holidays. Two cards marked “Employee's Statement of Earnings and Deductions” were admitted in evidence. They are dated 8th February 1962 and 21st February 1962 respectively. I am satisfied that those cards relate to the plaintiff's earnings in respect of his employment at the U. S. Navy Yard at Brooklyn. The card dated 8th...