Moore, Angella v Edward Tate, etal

Case Number: 
2000/M-012
Date of Delivery: 
18.04.2008

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2000/M-012

BETWEEN ANGELLA MOORE CLAIMANT

A N D EDWARD TATE 1ST DEFENDANT

A N D DALBERT MCDONALD 2ND DEFENDANT

Ms. Suzette Wolfe and Ms. Celia Barclay instructed by Crafton S. Miller and Co.

for the claimant.

Mr. Ian Robins instructed by Tenn Russell Chin Sang Hamilton and Ramsay for the

defendant.

Heard 16th, 17th and 18th April 2008

Campbell, J.

1. On the 9th November 1997, the claimant, a cashier at a New Kingston

restaurant, was on her way from work to her home in Westchester Crescent,

Portmore. She had boarded the vehicle in Half-Way-Tree, but had fallen asleep

before the bus had reached Three Miles. Her witness statement claims that she

woke up some three days later in the Kingston Public Hospital.

2. One Charmaine Brown had given a witness statement to the effect that

whilst standing at a bus stop at the zinc factory she had observed a white Toyota

Hiace bus coming very fast, swaying from side to side, she said she heard a

screeching sound, then a sound as if a tyre had blown out. The claimant had alleged

in her witness statement that the bus was very packed. People were even hanging

out of the door.

3. The defendants had consistently denied liability, contending that the

accident in which the claimant suffered her injuries were as a result of “inevitable

accident” which arose, notwithstanding the exercise of all reasonable care by the

Customer Service

customer complaints image