Cato, Alvin v Williams, Paul; Walters, Garfield et al

Case Number: 
2010 HCV 04011
Neutral Citation: 
[2021] JMSC Civ 109
Date of Delivery: 
16.06.2021

Negligence – Motor vehicle collision – Vehicle stopped in the vicinity of the entrance to a school some distance from a corner – Vehicle colliding with the rear of that which had stopped – The duty of care – The duty of care in terms of proper care – Reciprocated duty – Road code – Breach – Effect – Breach creating no presumption of negligence – Contributory negligence – Credibility of witnesses

Damages – Personal injury – Whiplash injury – Severe neck and back pain – Extreme tenderness to the back – No permanent disability – Amount of damages – Road Traffic Act, sections 51(2), 53(1)(a) and (b) and 95(3), Island Traffic Authority Road Code, Part 2 – 1, 35, 39(b),(c),(d) and (e) and 40

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