Garwood, Kadien and Garwood, Margaret v Smith, Osmond and Smith, Olive

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

SUIT NO. C.L. 1996/G-172

BETWEEN KADIEN GARWOOD 1st CLAIMANT

(An infant by her next

friend and mother

MARGARET GARWOOD)

A N D MARGARET GARWOOD 2nd CLAIMANT

A N D OSMOND SMITH 1st DEFENDANT

A N D OLIVE SMITH 2nd DEFENDANT

Herbert Hamilton and Dorothy Lighbourne for Claimants.

David Johnson for Defendants instructed by McGlashan, Robinson

and Company.

Heard: January 21, 22, 23, 24, 2002, July 22, 24, 2002, October 28,

2002 and July 27, 2005.

Rattray, J.

On the afternoon of October 3rd, 1990, Kadien Garwood, then

aged 6 years old was on her way home from the Dunrobin Primary

School. She came off the bus at the bus stop in the vicinity of Brooks

Level Road along the Golden Spring main road in the parish of St.

Andrew, alighting from the rear door of the bus.

At the time she lived, and still lives at the Golden Meadows

Housing Scheme, which is off the Brooks Level Road. The bus stop