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Taylor, Vivolyn v Richard Sinclair

Case Number: 
2005 HCV 1256
Date of Delivery: 
18.04.2008

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2005 HCV 1256

BETWEEN VIVOLYN TAYLOR

AND RICHARD SINCLAJR

CLAIMANT

DEFENDANT

Mr. John Graham for the Claimant

- Mr. Ainsworth Campbell for the Defendant

Heard: January 1, March 7 and April 18,2008

Assessment of Damages

Sinclair-Haynes J

On the 24t" December 2002, a bus owned by Richard Sinclair (Defendant), collided with

the right shoulder of Miss Vivolyn Taylor (Claimant) as she walked along the Old Stony Hill

(-:>.- ,) Road. As a result of the collision, she fell, injured her left hand and sprained her right knee.

L L!

Liability was not contested. The Defendant, however, challenges the quantum of damages the

Claimant is entitled to.

The Claim

It is the Claimant's evidence that her left hand is useless. It is stiff and sticlts her. Her

ability to sleep at nights is affected because a severe pain radiates from her hand up to her

shoulder. She experiences pain, cramping and swelling to the hand whenever it is held down.