Brown, Audley v Jamaica Herald Ltd, Kean Wright

Case Number: 
C.L B094 of 1995
Date of Delivery: 
17.01.1996

Ii'4 TdE SUPREME COURT OF JUDICATURE OF JAPIAICA
SUIT NO. C.L, B094 of 1995
BETWEEN AUDLEY BROWN
A N D L,
ANI?
JAMAICA HERALD LTD.
K a y WRIGHT
PLAINTIFF
DEFENDANTS
1 Alvin PIundcll for plaintifd
Andrca Waltcrs for dcfcndants
Beard:: January 12 and 17, 1996
PANTON, J
Thc plaintiff was unfortunatcly hit down on Nay 30, 1993, by a motor
vchiclc owncd by thc first dcfcndant and drivcn by thc sccond dcfcndant. Both
lcgs wcrc fractured. Hc spcnt a night in thc Black Wivcr Hospital from which
hc was transfcrrcd to tnc Kingston Public Hospital, Bc opcnt scvcntccn days
in thc latter institution, ac was rcfcrrcd back to thc Black Rivcr Hospital,
according yo Dr, McnaQs rcport, for trcatmcnt as an outpaticnt.
I
, Thc plaintiff has insi~tcd that instcad of bcing trcatcd as an out-
/ \, (') patient, hc was admitted as an in-paticnt and kept for ncarly six months as
II
such, During this pcriod, hc was takcn on scvcral occasions to thc "fracturc
clinic" at thc Kingston Public Hospital. According to the plaintiff hc was
subscqucntly trcatcd as an outpaticnt at that institution for fivc wccks. Hc
rcsumcd his occupation as a district constablc on Junc 8, 1994.
Thc rncdical rcport indicatcs that thc plaintiff has suffcrcd a pcrmancnt
functional impairmcnt of fiftccn pcrccnt to his lcft lcg and tcn pcrccnt to
\ -,,\ his right lcg, and twclvc to fourtccn pcrccnt of thc wholc body.
The impairmcnt is morc noticcablc in relation to his left lcg which is
1 half and inch shorter than thc right lcg. Thc plaintiff occasionally suffcrs
pain in thc left lcg.
Prior to thc incident, hc uscd to play football. Hc is no longcr able
to do so; nor can hc run,

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