Donovan DeSouza v CB Duncan & Associates Ltd, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. CL DO9611998

BETWEEN DONOVAN DeSOUZA CLAIMANT

AND CB DUNCAN & ASSOCIATES LTD. FIRST DEFENDANT

AND VICTOR WHYNE SECOND DEFENDANT

AND KOHAN ROBERTS THIRD DEFENDANT

(Administrator Ad Litem I

in the Estate of Anthony

Roberts, deceased)

C AND ROHAN ROBERTS FOURTH DEFENDANT

Mr. Leonard Green and Miss Sylvan Edwards for the claimant

Mr. Kent Gammon instructed by Dunn Cox for the first and second defendants I !

Miss Jacqueline Cummings and Mr. Sylvester Hemmings instructed by Archer &

Cummings for the third and fourth defendants

May 18 and 19,2004 and June 18,2004

Sykes J (Ag)

PERSONAL INJURY

THE ACCIDENT

On the night of December 16, 1993, along a straight stretch of the Old Harbour

Main Road, the truck driven by Mr. Rohan Roberts (third defendant), stopped under a

street light. Messieurs Roberts and Rose (the handy man and witness for the fourth

defendant) were hunched over the engine of the truck when their concentration was