Leader v Nicholls

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Hylton, J.
• Judgment Date: 04 May 1993
• Neutral Citation: KN 1993 HC 10
• Docket Number: 146 of 1992
• Date: 04 May 1993

High Court

Hylton, J.

146 of 1992

Leader

and

Nicholls

Appearances:

Messrs. Veira & Grant for Plaintiff.

Mr. H. Benjamin for Defendant

Tort - Negligence – Traffic accident — Damage to vehicle — Judgment for defendant for cost of repairs to motor car and for alternative transportation while his car was being fixed.

Hylton, J.

1 By a Writ filed on 25th June, 1992 the Plaintiff a Bus Owner/Driver of Old Road claimed Special Damages of $11,102.00 interest thereon and costs against the Defendant a Fisherman of Half Way Tree in respect of a motor vehicle collision on the 6th day of March, 1992, resulting in damages to the Plaintiff's Bus and the Defendants motor car.

2 The Particulars of Negligence and Special Damages pleaded are:

• (a) Driving at excessive speed.

• (b) Failing to keep any or any proper lookout or to have any sufficient regard for other traffic on the said road.

• (c) Driving onto the wrong side of the road and then colliding with the Plaintiff.

• (d) Failing to keep any or any proper control of the said motor vehicle.

• (e) Failing to stop, slow down, to swerve or in any way so to manage or control the said motor vehicle so as to avoid the said collision.

  • 1. Cost of repairs —$9,602.00

  • 2. Loss of use for 5 days at $250.00 per day —$1,250.00

  • 3. Payment for alternate transportation to transport contract person at $50.00 per day for 5 days —$250.00

3 TOTAL —$11,102.00

4 By an amended Defence and counterclaim filed on 8th August, 1992 the Defendant pleaded as follows:-

“COUNTERCLAIM

That on the 6th day of March, 1992, the Defendant was lawfully driving his motor car P 617 along the Island Main Road in the vicinity of Half Way Tree Village, in the Island of Saint Christopher, when the Plaintiff so negligently drove a motor omnibus H 7096 that it collided with the Defendant's motor car and caused damage thereto for which the Plaintiff was subsequently convicted.

PARTICULARS OF PLAINTIFF'S NEGLIGENCE

5 The Plaintiff was negligent in that:-

• 1. He drove too fast in the circumstances.

• 2. He failed to apply brakes or stop in time in order to avoid the collision.

• 3. He failed to manoeuvre or manage his motor omnibus in order to avoid collision with the Defendant's motor car.

• 4. He failed to keep any or any proper look out.

• 5. He failed to take account of traffic which was actually on the said Island Main Road travelling behind him in the said direction.

• 6. Driving onto the wrong side of the road.

By reason of the plaintiffs aforesaid acts of negligence or any of them the Defendant's motor car was violently struck by the Plaintiff's motor omnibus where the Defendant suffered loss and damage.

PARTICULARS OF DEFENDANTS SPECIAL DAMAGE

6 Cost of repairs to motor car P 617 —$2,211.96

7 Loss of use for 49 days @ $80.00 per day —$3,920.00

8 TOTAL —$6,131.96”

9 and likewise claimed Special Damages of $6,131.96, interest thereon and costs.

THE BACKGROUND AND THE EVIDENCE

10 On the 6th March, 1992, the Plaintiff appears to have been off Island and his Motor Bus H 7096 was being driven by Ferdinand Mardenborough an Uphosterer/Driver when at or about 9:30 p.m. he was on his way from Sandy Point towards Basseterre with a number of passengers on board. At the same time the Defendant a Fisherman was driving his 1968 Toyota Cressida motor car that he uses in his occupation to deliver fish to hotels etc. in the same direction behind the motor bus.

11 The unchallenged evidence is that at Half Way Tree in the vicinity of a shop owned by the Rogers family a short distance from a curve in the Basseterre...