Crooks,Lester v D.R. Foote Construction Co. Ltd

Case Number: 
C.L. 1999C147
Date of Delivery: 
16.05.2003

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. C.L. 1999lC 147
BETWEEN LESTER CROOKS CLAIMANTIRESPONDENT
AND D. R. FOOTE CONSTRUCTION DEFEND ANTIAPPLICANT
CO. LTD.
Miss Althea Wilkins for ClaimantfRespondent.
G Mr. Don 0. Foote for Defendant/Applicant.
IN CHAMBERS
Heard: 14 th and 16 th Mas, 2003
.BROOKS, J.
The application before the Court is for the Judgment entered against the Defendant
ito be set aside and for the Defendant to be allowed additional time to file its defence.
The background to this matter has its genesis in a motor vehicle collision on the
2nd August 1997, between the Plaintiffs motor vehicle and the Defendant's. The Plaintiff
imade a claim on his insurer and a payment was made to him.
By suit No. C.L. C36511998 (the first suit) the Plaintiff claimed damages against
the Defendant for personal injuries said to have been suffered in the collision as well as
for some of his uninsured losses (loss of use). An Interlocutory Judgment in default of
defence was entered in the first suit on 5th February 1999.
On 18th May 1999 the Plaintiffs Insqrers, relying on their right of subrogation,
instituted the present action (this action). An Interlocutory Judgment in default of

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