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Clarke, Oscar v Attorney General of Jamaica

Case Number: 
2006 HCV 03966
Neutral Citation: 
[2016] JMSC Civ. 65
Date of Delivery: 
18.02.2016

Claim for damages for negligence/employer’s liability – Attack on armed police officer at a police station by member of the public who was a visitor to the police station compound – Duty of care owed by occupier of police station compound to person working within that compound – Duty of care owed by government to persons working on and visiting that compound – Res Ipsa Loquitur – failure of defendant to do anything other than put claimant to proof of his case – Failure of defendant to lead any evidence or to challenge the claimant’s case in any significant way during cross – Examination of the claimant – Prima facie case not equivalent to proof of case on a balance of probabilities – Whether defendant in breach of duty of care owed to claimant