Barrett, Dalton v Poncianna Brown & Leroy Bartley

IN 'THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2003 HCV 1358

BETWEEN DALTON BARRETT CLAIMANT

'4 N D PONCIANNA BROWN 1 ST DEFENDANT

A N D LEROY BARTLEY 2N" DEFENDANT

Mrs. Ursula Khan for Claimant instructed by Khan and Khan.

F-\, Mr. Keith Bishop for Defendants.

I , .

Motor Vehicle Collision - Damages for personal injury - Whiplash - No

measurable PPD - Loss of use of destroyed truck - Loss of earnings as

driver - Defendant punching Claimant - Damages for assault

HEARD 25TH, 26th OCTOBER AND 3RD NOVEMBER, 2006

BROOKS, J.

It is not an uncommon situation; a collision between two motor vehicles with each

driver accusing the other of negligently trespassing on the incorrect side of the road.

It was about 3:40 a.m. on 51h December 2002. It was a straight stretch of roadway - '.\

i; along the Priory Main Road in the parish of St. Ann. At the trial, neither driver was

/'

discredited in cross examination. Each told a credible tale as to the way the collision

'-'+:

,-. / occurred.

The claimant Dalton Barrett was the driver of a Leyland stake-body truck. The

vehicle was heavily laden with building material; bundles of steel, timber lathes,

plyboard, tiles, Thin Set and bags of cement. According to Mr. Bartley, the driver of the

other vehicle, a mini-bus, the truck was full and the goods were piled high. Mr. Barrett

testified that Mr. Bariley's mini-bus hit the right front of the Leyland, chopping off the