Morgan, Courtney v Raffique Goulaub

Case Number: 
CL 2001/M037
Date of Delivery: 
23.11.2005

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. CL 200/M037

BETWEEN COURTNEY MORGAN CLAIMANT

AND RAFFIQUE GOULAUB DEFENDANT

Ms. Debra Dowding instructed by Arthur Williams & Co. for the claimant.

Ms. Suzette Campbell instructed by Campbell & Campbell for the

defendant.

Heard lltha nd 23rdN ovember 2005

Campbell, J

The claimant, Courtney Morgan, was in a line of traffic"'jammed"

bumper to bumper on route to Spanish Town. On approaching the "t"

junction at Featherbed Lane, he was aware of a vehicle, he first thought was

a motorcar, traveling slowly heading towards Old Harbour. That vehicle, a

van, was then about 60 feet away. He said he executed a turn and was on the

other side of the road for about two minutes when his bicycle was struck

fiom behind.

The defendant says he "crawling along at 10 kilometers per hour,"

having slowed to accommodate a vehicle some four car lengths ahead. After

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