Wisdom,Lloyd v Janet Johnson

Case Number: 
C.L. 1996 / W. - 240
Date of Delivery: 
11.06.2002

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO: C.L. 1996 / W. - 240
BETWEEN LLOYD WISDOM
AND JANET JOHNSON
PLAIN=
DEFENDANT
Heard on June 3.4.5,7,10 and 11,2002
Mr. M. Frankson instructed by Gaynair & Fraser for Plaintiff R Braham, Esq., and Mrs.
S. Risden-Foster, instructed by Livingstone Alexander & Levy for Defendant.
(3 ANDERSON, J.
In this case, perhaps most unusually, most of the critical facts are agreed as between the
Plaintiff and the Defendant. There was a collision between the Plaintiff's Mazda minibus,
and the Defendant's Honda Acura left-hand drive motor car, on the Liberty Valley Main
Road in the Parish of St. Ann, near to the Dover raceway. It seems to be common ground
that the accident occurred, and I so find, on the Plaintiff's side of the road, even though
the Defendant would seem to say: "On that side of the road, but towards the middle".
Notwithstanding that finding, however, it is trite law that the plaintiff must prove his case
on a balance of probabilities. He must adduce evidence of the breach on the part of the
defendant of her duty of care to him as a user of the public roadway on which they were
c: both travelling on that fatehl November day in 1994.
The Plaintiff in the "Particulars of Negligence" in his Statement of Claim, avers that the
defendant was negligent in that, the defendant was:
"driving in a dangerous manner; driving at too fast a rate of speed having
regard to all the circumstances; driving without due care and attention and
without due consideration for other users of the roadway;. . .failing to keep
a straight and/or safe course; driving at or unto the incorrect side of the
roadway and thereby colliding with the plaintiff's motor vehicle which
was traveling in the opposite direction; failing to apply brakes in suEcient
time or at all; failing to stop, slow down, turn aside or in any other way so
to manage or manoeuvre the said motor vehicle so as to avoid the
collision.

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