Barclay, Ezekiel v Clifford Sewell, etal

Case Number: 
C.L.B 241 OF 2000
Date of Delivery: 
13.07.2001

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN CQMMON LAW
SUIT NO. C.L.B 241 OF 2000
BETWEEN EZEKIEL BARCLAY lST PLAINTIFF
AND CLIFFORD SEWELL 2ND PLAINTIFF
AND KIRK MITCHELL DEFENDANT
Ms. Christine Mae Hudson instructed by K Churchill Neita & Company for the l*
Plaintiff:
Mr. David Johnson and Ms. Althea Wilkins instructed by McGlashan, Robinson &
Company for Defendant.
Heard 15& June 200 1 and 13" July 200 1
JUDGMENT
This action was commenced by a writ filed in the Supreme Court by the first plaintiff,
Ezekiel Barclay, a 47 years old farmer and businessman, on the 28& day of September
2000. (The second plaintiff did not pursue any claim against the defendant.) The
endorsement on the writ is a claim for damages against the defendant for negligence. The
allegation of the plaintiff is that on the 4" October, 1999 he was injured end suffered loss
as a result of a motor vehicle accident caused by the negligence of the defendant. The
accident occurred along the Four Paths Main Road in Clarendon, and the only medical
evidence before the Court was a report from Dr. N.N. Than, a resident in the Orthopedic
Department at the Kingston Public Hospital. The report stated in relevant part that the
plaintiff "had swelling and deformity of the left elbow with tenderness over the left thigh
and ankle.
X-rays done showed:
1. Segmental facture of the left ulna with dislocation of the radial head (left).
2. Comminuted fracture of the upper left ankle
3. Tri-malleolar fracture of the upper left ankle.

Customer Service

customer complaints image