Elizabeth Morgan v Enid Forman and Owen Moss

IN THE SUPREME COURT OF .JUDICATURE OF

JAMAICA

CLAIM NO. HCV 042712003

'BETWEEN ELIZABEI'I-I MORGAN C 1,AIMANT

AhTD ENID FOREMAN 1 DEFENDANT

AND OWEN MOSS 2N') DEFEhTDANT

Miss Deidre Powell for the Claimant.

C

Miss Lascine Wisdom-13arnett iilstructed by Thomas and Thomas for the . J

Defendants

Heard on the 11'" and 15~'o'f October 2004

Sinclair-Haynes .J. (Ag)

The accident llappened at about 10 a.m. on the 22"" ol' July 2002 on

the Mandela Highway. 'l'lie deceased was a lad oi' sixteen years. He was

returning fro111 a wholesale i l l Dulianey Park wliel-e his motlier 11ad sent hiin

on an errand. As he rode his bicycle with about nine paclts of biscuits in a

sr~lalbl ox in fio~iot f him, a truck driven by the defendant, Mi-. Owen Moss,

struck hiiii. He was flung from the bicycle aiid s~~stainesdev ere head and

otlier injuries. L-le seemed to have liad a very liiiiited degree of

consciousiiess. I-Ie died the followiiig iiiorniiig.

The defendant was found wholly liable lor the accident. There is no

appeal froin that aspect of the decision. 111 the circumstaiices it is not

necessary to repeat tliose findings.