Ellison, Pauline v The Attorney General & Constable W. McLean

IN THE SUPREME COURT OF JUDICATURE OF JAMAICAJ

IN THE CIVIL DIVISION

SUIT NO. HCV 0254 1 of 2004

BETWEEN PAULINE ELLISON CLAIMANT

AND THEATTORNEYGENERAL 1" DEFENDANT I

AND CONSTABLE W. McLEAN 2ND DEFEhTDAhTT I

Mrs. Arlene Harrison-Henry for the Claimant. I

I

Miss Tasha Manley instructed by the Director of State Proceedings for .the

Defendants.

1 Assessment of Damages I

I

31" May & 2" June, 2006 ~ I

BROOKS J.

Miss Pauline Ellison will not easily forget the 1 lth~ e b r u a r 2~0,0 4.

On that day, she was shot while in bed at her home. The offending bullet

emanated from a firearm wielded by a Constable W. McLean who was then

on a nearby road having a dispute with persons unconnected with Miss

Ellison, about matters with which she was unconcerned. The bullet grazed

her right chest wall and lodged somewhere in the vicinity of her right armpit.

An attempt to reinove the bullet was unsuccessful and two years later the

bullet is still in her body, causing her discoinfort and pain. She seeks

compensation for the injury and wants the Defendants to bear the cost of