Hutchinson, Alvan v Imperial Optical Ltd, Hugh Foreman

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LA W

SUIT NO. C.L. H 035 OF 1999 I

BETWEEN AL VAN HUTCHiNSON CLAlfiIAlVI' 1

I

AND IMPERIAL OPTICAL LIMITED lST DEFENDANT l

AND HUGH FOREMAN DEFENDANT I1

Heard: Mav 6, Jutv 14.15, and September 16,2005

Mr. D. Forsythe for claimant

instructed by Forsythe & Forsythe.

Mr. J. Spence and Mr. C. Bailey for the Defendants

instructed by Dunn Cox

McDonald J. (Ag.) I

I

I

The case for the Claimant is that on the 1 lth of November, 1999 Mr.

Foreman so negligently drove Swuki Baleno registered 4819 BN along the I

!

Bynloss Road in St. Catherine that he caused it to collide with Mr.

Hutchinson who was riding his bicycle across the said road.

Mr. Hutchinson claims to have sustained injuries, suffered loss and

incurred expenses as a result of the accident. The ln Defendant was the

owner of the said motor vehicle which was being driven by Mr. Hutchinson,

the servant and/or agent of the 1" Defendant.