Marcella Clarke & Claude Dawkins v Leslie Palmer

Case Number: 
C.L. 2002/C - 047
Date of Delivery: 
16.06.2004

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. 2002/C - 047

BETWEEN

AND

DEF.

AND

MARCELLA CLARKE CLAIMANT

CLAUDE DAWKINS 1 ST

LESLIE PALMER 2ND DEF.

Miss Alicia Thomas instructed by K C Neita and Company for the claimant 1

Miss Thalia Maragh instructed by Jacqueline Samuels-Brown for both defendants 1

MAY 21,2004 and June 16,2004

Sykes J (Ag)

ASSESSMENT OF DAMAGES FOR PERSONAL INJURY

The sole issue in this matter is the quantum of damages. Liability was admitted on

the part of the two defendants.

Miss Clarke is an industrious young woman. She was born December 14, 1983.

She has not sought to use her injuries as an excuse for inactivity. She is cheerful enough,

despite her pain, suffering and decreased enjoyment of life.

On December 21, 2001, one week after her eighteenth birthday, while she was

walking along French Street in the historic settlement of Spanish Town, one of the oldest

European settlements in this hemisphere and the cite of the famous Emancipation Square,

Miss Clarke was struck from behind by a motor vehicle driven by Mr. Leslie Palmer, the

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