Moore,Simone v Ansle Tulsie & Michael Grant

Case Number: 
C.L. M.109 OF 1988
Date of Delivery: 
04.10.1996

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. C.L. M.109 OF 1988
BETWEEN
A N D
A N D
SIMONE MOORE (an infant suing by
her mother and next friend
Anita Evans)
ANSLE TLTLSIE
MICHAEL GRANT
Mrs. Sandra Minott-Phillips and Miss Nicole Lambert
instructed by Myers, Fletcher & Gordon for Plaintiff
Mr. David Johnson instructed by Piper 6 Samuda for
Defendants.
Heard: 22.2.96, 23.2.96, 18.3.96, 20.3.96
and 4 . L0,,96 .'
JUDGMENT
PLAINTIFF
DEFENDANTS
McCalla J. (Ag)
This action was commenced by writ of summons on the 25th of January
i
1988 and arose as a result of a motor vehicle accident which occurred op the
' v .
3rd of March, 1987 along Rose Street, Savanna-la-mar in the parish of
LI
I
Westmoreland. ,,The Plaintiff w h ~su es by her mother and next friend Anita Evans
is alleging by paragraph 3 of her amended statement of claim that:
I
J
11 the secondi Defendant so negligently managed
and/or operated Isusu minibus licensed PP0919
'-- I
owned by the First Defendant that he caused and/or
permitted same to collide with the Plaintiff who was
a pedestrian along the said road as a result o~lwhich
she has suffered personal injury and has incurred
loss and damage."
A defence was filed on the 17th of July, 1992 paragraphs,3 and 4 of
which states as follows:
"The Defendants admit that the second Defendant was
the servant and/or agent of the first Defendant but
denies that he was negligent whether as alleged in
pardgraph 3 of the statement of claim or at all."

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