Gumbs v Caines and Phipps

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 20 February 1969
• Neutral Citation: KN 1969 HC 2
• Docket Number: No. 45 of 1966
• Date: 20 February 1969

The West Indies Associated States High Court

Glasgow, J.

No. 45 of 1966

Gumbs

and

Caines and Phipps

Appearances:

C. F. Henville, Q.C. for plaintiff

F. C. Adams for defendants

Negligence - Traffic accident — Liability.

Tort - Personal injury — Damages.

Facts: Whether the defendant's negligence was the cause of the accident.

Facts: The plaintiff sustained damages to his right lower arm in an accident which was caused by the negligence of the defendant. The right lower arm was shorter than the left, the arm could not be straightened and the plaintiff could not life heavy objects.

Held: The accident was caused by the sole negligence of the defendant in failing to keep his vehicle sufficiently on the left side of the road.

Held: Damages for the plaintiff for pain and suffering and loss of wages assessed at $4,574.00.

Glasgow, J.

1 The plaintiff's claim against the defendants is for $3574.00 special damages and $1000.00 general damages for injury alleged to have been caused to the plaintiff by the negligent driving of the second defendants the servant or agent of the first defendant.

2 The defendants in their Defence denied that they or either of them were negligent. The second defendant denied that the accident alleged or any injury, loss or damage suffered by the plaintiff was caused by the alleged or any negligent driving on his part. He alleged that it was wholly caused or contributed by the negligent driving of the plaintiff.

3 On the 9 ^th April 1965 the plaintiff, a foreman carpenter, who appears to be about 40 years old was driving his Morris Cowley motorcar No. CN 1009 from his home at Middle Island towards Sandy Point. He was alone. On reaching Lambert's Village between 5.00 and 6.00 p.m. the plaintiff saw approaching him motor truck No. CN 115, the property of the first defendant. The truck was being driven by the second defendant who was at the material time the servant of the first defendant acting in the course of his employment. When the plaintiff saw the truck approaching him he was travelling at about 20 miles per hour and on his left side of the road. The near side of the plaintiff's car was about 8 inches from a drain on his near side of the road.

4 When the plaintiff first saw the truck approaching him it was about 64 feet away. The plaintiff's arm was then on the right hand front door of his car. To use his own words he “simply put it out to make a signal to slow down anything that was coming to overtake” him.

5 The truck driven by the second defendant approached the plaintiff's car travelling faster than the said care, and more in the middle of the road than on its proper side. There was a track-chain for a tractor on the platform of the truck. This track chain protruded about eight inches beyond the platform on the offside of the truck. When the two vehicles were passing each other the part of the chain which was protruding from the platform of the truck came into violent contact with the upper portion of the right front door of the plaintiff's car and with the inner side of the plaintiff's right lower arm and a compound fracture of the said lower arm resulted. The fingers of the plaintiff's right hand were also bruised. The plaintiff stated, “I saw that my right arm was broken. The skin was broken and both bones were...