Haughton, Marcia v Jamaica Public Service Co. Ltd

IN THE SLPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

CLAIM NO. H. 175 OF 1998

BETWEEN MARCIA HAUGHTON CLAIMANT

AND JAMAICA PUBLIC SERVICE

COMPANY LIMITED DEFENDANT

Raphael Codlin & Dwayne Thomas instructed by Raphael Codlin & Company for

Claimant.

David Batts & Miss D. Gentles instructed by Livingston Alexander & Levy for the

Defendant & with them Miss Gillian Burgess of the Jamaica Public Service Company

Limited.

HEARD: 21St, 22nd & 3oth November, 2005

JAMES, J.

1. This claim arises from the destruction of the Claimant's Mini Mart and bar by an

electrical fire on the 2"d October 1996.

In this claim the visual evidence of Keith Brown and Ancerd Thompson and

evidence in the witness statement of Roy Thompson (now deceased) was

admitted in accordance with the Evidence Act, is challenged by the evidence of

Timothy Scarlett a Professional Engineer and Beresford Williams an Electrical

Engineer employed to the Defendant.

2. The evidence of Keith Brown and Ancerd Thompson was that they saw sparks on

the utility pole of the Defendant and that they also saw fire "running" towards the