Woodley v Joseph

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Velma L. Hylton, Q. C. J.
• Judgment Date: 22 April 1993
• Neutral Citation: KN 1993 HC 8
• Docket Number: No. 196 of 1992
• Date: 22 April 1993

High Court

Hylton, J.

No. 196 of 1992

Woodley

and

Joseph

Mr. G. Hamilton for Plaintiff

Mr. E. Ferdinand and Miss D. Brookes of Kelsick, Wilkin and Ferdinand for Defendant

Damages - Negligence and personal injury — Vehicle collision.

Velma L. Hylton, Q. C. J.

1 By a Writ filed on 11th September, 1992 the plaintiff claimed against the defendant for special and General Damages in respect of a collision between motor cars driven by them in the vicinity of the Old Road Bay Road on the 21st July, 1992.

2 The Statement of Chin Particulars of Negligence, Particulars of Injuries and Particulars of Special Damage pleaded by the plaintiff are as follows:–

“STATEMENT OF CLAIM

• 1. The plaintiff was all material times the owner of motor car P.2499.

• 2. The plaintiff is also a Restauranteur and Caterer operating out of Sandy Point, St. Kitts and relies on the said motor car as a tool of his operation.

• 3. The defendant was at all material times the owner of motor car P.2699.

• 4. On or about the 21st day of July, 1992, the plaintiff was lawfully driving his Hyundai XL Motor Car P. 2499 along the Island main road in the vicinity of Old Road Bay when the defendant so negligently drove, managed, and controlled his motor car P. 2699 along the said road, that while overtaking the plaintiff's motor car he caused or permitted his said motor car P. 2699 to violently collide with the plaintiff's said motor car and to cause same to overturn.

PARTICULARS OF NEGLIGENCE

• a) Driving at an excessive speed.

• b) Overtaking or attempting to overtake the plaintiff's motor car without first ensuring or ascertaining that it was safe so to do (and when it was unsafe and dangerous so to do).

• c) Failing to stop, to slow down, to swerve, or in any other way so to manage or control the said motor car so as to avoid the said collision.

• d) Failing to keep any or any proper lookout or to have any or any sufficient regard for traffic that was or might reasonably expected to be on the road at that time.

• 5. By reason of the aforesaid matters, the Plaintiff has suffered severe injuries, loss and damage.

PARTICULARS OF INJURIES

• a) Back pain, chest pain and suffering.

• b) Internal blood clots.

PARTICULARS OF SPECIAL DAMAGE

• a) The plaintiff's said motor car P. 2499 was an almost total wreck and has had to be written off.

  Pre accident value	$10,000.00
  Post accident value	$ 1,000.00
  Difference	$ 9,000.00
  Loss of use of the plaintiff's said vehicle from the date of the said collision for two weeks at $480 per week, estimated	1,120.00
  TOTAL	$10,120.00

PARTICULARS OF NEGLIGENCE

PARTICULARS OF INJURIES

PARTICULARS OF SPECIAL DAMAGE

3 By his amended defense which was further amended at the hearing the defendant pleaded as follows:

“Particulars of Negligence

• (a) Failing to drive with due care and attention.

• (b) Failing to drive on his side of the road while he was being overtaken by the defendant and when it was unsafe and dangerous so to do.

• (c) Suddenly veering to the right side of the road and colliding into the left side of the defendant's motor car as the defendant was attempting to overtake him.

• (d) Failing to steer a safe and proper course.

• (e) Failing to stop, to slow down, manage or control his motor car P2499 so as to avoid the said collision.

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

• (g) Suddenly accelerating as the defendant was attempting to overtake the plaintiff's motor car.”

“COUNTERCLAIM

The defendant repeats paragraph three, four and five hereof and says that by reason of the matters therein set out he has suffered injuries, loss and damage”.

“PARTICULARS OF INJURIES

• (a) Severe cuts and lacerations.

• (b) Bruises.

• (c) Abrasions.

• (d) Swollen face.”

“PARTICULARS OF SPECIAL DAMAGE

(a)	Loss of Earnings for two weeks	$609.00
(b)	Cost of Trousers	$70.00
(c)	Cost of Shirt	$45.00
(d)	Cost of one pair shoes	$135.00
(e)	Cost of alternative transportation for 52 days at $4.00 per day from July 22, 1992 to September 11, 1992	$208.00
(f)	Value of P2699: (Pre-accident value of $17,000.00 less...