Clahar, Aubrey v Metropolitan Management Transport Holdings Ltd & Selbourne Gayle

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

I N COMMON LAW

SUIT NO. CL. C 099/2001

BETWEEN AUBREY CLAHAR CLAIMANT

AND ME'TROPOLITAN MANAGEMENT

TRANSPORT HOLDINGS LTD FIRST DEFENDANT

AND SELBOURNE GAYLE SECOND DEFENDANT

r Miss Marion Rose-Green instructed by Marion Rose-Green and Company for

the claimant

Mrs. Pauline Brown-Rose instructed by Blackridge Covington for both

defendants

November 9 and 10 2005

MOTOR VEHICLE ACCIDENT, NEGLIGENCE

SY KES J

1. Mr. Aubrey Clahar, a cyclist with over fifty year's experience, is a fortunate man.

He has survived being hit from his bicycle on October 31, 2000 along Victoria

Avenue in the parish of Kingston by a thirty-eight feet long bus, owned and

operated by Metropolitan Management Transport Holdings Limited, driven by Mr.

Selbourne Gayle. There are no legal points of great moment in this case. The

resolution of this case depends up on the credibility of the witnesses. The issue is

whether Mr. Clahar has established that Mr. Gayle drove the bus negligently when

the accident occurred. I should state that it is agreed that the accident occurred on

October 31, 2000 and not November 30, 2000 as pleaded in the amended

statement of claim.