Duncan, Beresford v Nova Lee

IN THE SUPREME COURT OF JUDICi9TURE OF JAMAICA

IN CIVIL DIVISION

CLAIM NO. HCV 02480 OF 2005

BETWEEN BERESFORD DUNCAN CLAIMANT

AND NOVA LEE DEFENDANT

Miss Christine Hudson instructed by K. Churchill Neita and Co. for

Claimant.

Mrs. Ursula Khan instructed by Khan and Khan for Defe~ndant.

Negligence - Motor Vehicle Colliding with pedal cyclist - Damages for

personal injury - Daniage to liver - Internal bleeding - Extensive

scarring over the body - Loss of earnings

HEARD 1l TAHIND 13'~A PRIL, 2007

BROOKS, J.

On 18'~Ju ly 2004, Mr. Beresford Duncan was riding his pedal cycle along Camp

Road in the parish of St. Andrew. He collided with a bus owned and driven by Mr. Nova

Lee. Mr. Duncan sustained injuries and now seeks to recover compensation from Mr.

Lee. The collision occurred at 7:30 p.m.

Mr. Duncan alleges that the c:ollision occurred as a result of Mr. Lee's

negligence. He testified that while he (Cluncan) travelled on his correct side of the road

toward Cross Roads, Mr. Lee's vehicle zpproached from the opposite direction at a fast

rate of speed and negligently made a right turn unto Arnold Road without stopping or

indicating a change of course. It was in doing so that Mr. Duncan says that Mr. Lee's

vehicle struck him as he was in the proce8sso f crossing Arnold Road.

Mr. Lee on the other hand testifled to a very different scenario. He said Mr.

Duncan was not travelling towards Cross Roads but was travelling in the same direction