Brown, Lanzie v Det. Corp. Wayne Clarke, Attorney General

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. C.L. 1998/B-219

BETWEEN

AND

AND

LANZIE BROWN CLAIMANT

DET. CORP. WAYNE CLARKE FIRST DEFENDANT

THE ATTORNEY GENERAL SECOND DEFENDANT

OF JAMAICA

Stephanie Orr instructed by Crafton Miller and Company for the claimant

Stuart Stimpson instructed by the Director of State Proceedings for the second

defendant

February 12 and 27, 2007

NEGLIGENCE, VICARIOUS LIABILITY, WHETHER EMPLOYER OF POLICE

OFFICER NEGLIGENT

SYKES J.

1. Being a bailiff can be hazardous at times. Mr. Lanzie Brown, the claimant, on

April 4, 1998, found this out in quite vivid circumstance. The claimant is not only a

bailiff for the parish of St. Catherine but also a police officer. I n February 1998,

he was contracted by Singer Sewing Company Limited ("Singer") to repossess a

refrigerator that was taken out on hire purchase by a Miss Dionne Kellyman who

resided at 22 Alamanda Drive, Portmore Pilnes, St. Catherine. She was twenty

months in arrears. Mr. Brown went to her home on March 8, 1998, to repossess the

ref rigerator.

2. On his arrival at the home, he saw Miss Kellyman and told her of his business.

She refused to grant Mr. Brown access to the house or to hand over the

refrigerator. Mr. Wayne Clarke, the first defendant and tortfeasor, emerged from

the rear of the premises and told Mr. Brown that he could not enter the premises.

Mr. Brown was accompanied by Mr. Paul Russell, a special constable. I n the face of

this intransigence, Messieurs Brown and Russell went to the Greater Portmore

Police Station and returned with a uniformed police officer. On their return with

the uniformed officer, Mr. Clarke identified h~imself as a detective attached to the

Elletson Road Police Station. After prolonged discussion it was agreed that Miss

Kellyman would pay the outstanding sum. As i t turned out, this was not done.

3. Later in the same week, Singer contacted Mr. Brown and told him that the full

amount was not paid and he should repossess the refrigerator immediately. On

April 4, 1998, Mr. Brown returned to Miss Kellyman's home. Mr. Clarke was present.

He was told the purpose of Mr. Brown's mission. He refused to give Mr. Brown