Thomas, Owen v Constable Foster & Attorney General

Case Number: 
CL T 095 OF 1999
Date of Delivery: 
06.01.2006

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

CLAIM NO. CL T 095 OF 1999

BETWEEN

AND

AND

OWEN THOMAS CLAIMANT

CONSTABLE FOSTER FIRST DEFENDANT

ATTORNEY GENERAL

OF JAMAICA SECOND DEFENDANT

Mrs. Sharon Gordon-Townsend for the claimant

Mr. Peter Wilson instructed by the Director of State Proceedings for the defendants

November 9, December 9,20,2005, and January 6,2006

FALSE IMPRISONMENT, ASSAULT AND BATTERY

SYKES J

1. On Augl~st9 , 1997, about 5:00 pm Mr. Owen Thomas, the claimant, was taken to the

Linstead Police Station. He had no injuries of any kind. By 9:00 pm, Mr. Thomas was a

patient at the Linstead Hospital. 'The report from the hospital is clearly inadequate but from

the history presented and their examination, the medical staff thought it prudent to have Mr.

C1 Owen Thomas x rayed. Fortunakly, after his discharge, Mr. Thomas went to Dr. Sandra

Nesbeth who recorded the following injuries:

a. blood shot eyes;

b. severe headache;

c. right eye partially closed, bloody and swollen;

d. the temporo mandibular joint could only open partially and was very painful to

open fully and chew;

e. eye was painful to light (photophobia);

f. right cervical muscle painful - with moderate whip lash;

g. renal angle (kidney area) tender;

h. finger swollen and cannot extend or bend completely.

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