Griffin v McKoy and Edwards

• Jurisdiction: Saint Kitts and Nevis
• Judge: Glasgow, J.
• Judgment Date: 08 May 1972
• Neutral Citation: KN 1972 HC 9
• Docket Number: No. 18 of 1981
• Court: High Court (Saint Kitts and Nevis)
• Date: 08 May 1972

High Court

Glasgow, J.

No. 18 of 1981

Griffin

and

McKoy and Edwards

D. Byron for plaintiff.

C.F. Henville for defendants.

Damages - Personal injury — Injury to leg — Assessment of damages

Facts: The plaintiff sued by his next friend for damages for personal injury. The plaintiff was involved in a traffic accident with the defendant and received multiply injuries. His left leg later became gangrenous and had to be amputated. The plaintiff subsequently lost his job as an apprentice at a factory.

Held: Loss of earnings taken into account in the assessment of damages. Special damages assessed at $1,856.00 and general damages at $17,000.00.

Glasgow, J.

1 The plaintiff's claim against the defendants is for damages for personal injuries sustained by the plaintiff on the 18 ^th November 1970 and caused by negligence of the first-named defendant in the driving of motorcar P. 1379 along the public road at Upper Cayon, while the plaintiff was riding his pedal bicycle along the said road. The first-named defendant was at the material time the servant or agent of the second-named defendant.

2 The plaintiff, an infant, sues by his father and next friend, Nathaniel Griffin.

3 An appearance was entered to the plaintiff's writ, but no defence was filed or delivered. Interlocutory judgement was in due course entered against the defendants for damages to be assessed.

4 The sole issue between the parties is as to the quantum of damages.

5 The plaintiff is now eighteen years old, and lives at Upper Cayon, St. Kitts, with his parents. On the 18th November 1970 the plaintiff was riding a pedal bicycle along the public road at Upper Cayon when he was knocked down by motorcar P.1379 that was negligently driven by the first-named defendant and owned by the second-named defendant. When he was knocked down as aforesaid the plaintiff lost consciousness. He was taken to the Joseph N. France General Hospital in Basseterre where he arrived in an extreme state of shock. He regained consciousness at the hospital. He had a compound fracture in the left femur, with complete avulsion of the femoral artery with loss of pulse in the left leg. He also had a laceration over the right eye, an abrasion of the left forearm, and pains in the chest. His pulse was imperceptible on arrival at the hospital. He was treated with blood transfusions. He recovered from the shock but his left leg became gangrenous and he contracted jaundice. The gangrene and the jaundice were both due to the leg injury. On the 25th November 1970 Dr. Barnejee, the Surgeon Specialist at the Joseph N. France General Hospital, amputated the plaintiff's left leg above the knee. The amputation was necessary to save the plaintiff's life. The plaintiff was discharged from hospital on the 22nd December 1970. Thereafter, he attended the clinic for two weeks during which period the left stump was treated.

6 The plaintiff has to pay $350.00 for the operation and $150.00 far other medical services rendered to him as a result of the accident. He claims only $200.00 for medical and travelling expenses.

7 Dr. Barnejee is of opinion that if the plaintiff obtained a “good Canadian leg” he would have minimal disability. The doctor is also of opinion that the plaintiff might need another artificial leg after the first, because of the possibility that the plaintiff may continue to grow up to the time he is twenty-one years of age.

8 The plaintiff is able to move around with the...