Henry,Cecil vThe Attorney General For Jamaica and Keith Scott

Case Number: 
C.L. H, 128 OF 1992
Date of Delivery: 
21.03.1996

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. H, 128 OF 1992
BETWEEN CECIL HENRY
c A N D
THE ATTOIWEP GENELSBZ.
FOR JAMAICA
KEITH s m
Hr. Cavid Henry 8 Ms. Suzette Moss
for the Plaintiff
Hr. Mid IU&giras instructed by
Director of State Proceedings for Defendant
JU2GME WT
On or about the 30th day of July 1991 a most unfortunate accident took place
on the Ewarton to Iiog Walk &kin Koad in the parish of Sc. Catherine. Thc unchallenged
f a c t s a r e t h a t between the hours of 8:30 to 9:30 a.m. on that date a
Ford Escort: motor car 8636 AK ownad and d r i v ~ nby a policc officer, the ? l a i n t i f f
was being driven from Ewarton in the direction of Kfngoton. A Ministry of Health
Ford Truck bearing registration No. 30-1276 owned by the Government of Jamaica
and being driven a t the iimc by the 2nd Lefendant Keith Scott was proceeding i n
C i
the opposite direction.
.,
Keith Scott was a t the time an employee of the Ministry of Health Blood Bank
bivision and was operating the unit i n performance of his o f f i c i a l duties.
I refer t o t h i s accident as unfortunate because in s road twenty-four fect
wide whether with a broke11 or urlbrokon white centre line or no dividing lint: at
a l l it was most unfortuadte that two vehicles the width of a truck 7 feet 10 inches
a~id a Ford Escort estimated to bc about 5 feet wide wzre unable to pass each othrr
i r r broad daylight withouk coming into a violent collision. This 5 feet estimate
( \c - is the P l a i n t i f f ' s and is not disputed by the defence. Tendered and admlterd
by conoelir Exhibit (I) a photograph of the damaged Ford Escort leaves one in a
s t a t e of bewilderment as LO how tha driver could have drn~xged alivc. In any
ev6nt he suffersd vary serious perso~liil injury and loss and his unit is a w r i t e
off.
Lct us look a t thc different versions of t h i s accident and determine the
issue of l i a b i l i t y .
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