Johnson, Jonathan v Attorney General Of Jamaica et al

IN THE SUPREME COURT OF JIJDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. 2002 J-066

BE'I'WEEN JONNATIIAN .IOHNSON CLAIMANT

AND ATTORNEY GISNERAL OF JAMAICA 1" DEFENDANT

AND JAMAICA PUBLIC SERVICE

COMPANY LIMITED ~""EFENDANT

AND CABLE & WIRELESS JA. LIMITED DEFENDANT

Mr. Garth McBean instructed by Ms. Charmian Rhoden for the Claimant;

Mrs. Julie Thompson and Ms. Danit:lle Archer instructed by the Director of State

Proceedings for the I" Defendant;

Mr. David Ratts instructed by Livings.on, Alexander, Levy for the 2nd Defendant,

Mr. Kent Gammon instructed by Dunrt Cox for the 31d Defendant.

Heard March 5 and 30,2007

CORAM: Anderson J .

On November 29, 1999 at about 6:30 p.m. Mr. Johnathan Johnson, ("the Claimant")

was walking along the pavement ("sitlewalk") on Hagley Park Road in the Parish of

St. Andrew when he tripped over a piece of copper rod protruding from the said

pavement. As a result of the fall, the Claimant suffered injuries, loss and damages. He

sued the National Works Agency, ("hIWA") (represented by the Attorney General of

Jamaica in these proceedings pursuar~t to the Crown Proceedings Act) on the basis

that the NWA, an Executive Agency of the Governnient of Jamaica, was the agency

responsible for the widening of the road in the area where the incident occurred, and

that this was the genesis of the obstruction. The view was that the NWA had failed to

remove the obstruction in circumstan~:es in which it had a duty to act to remove the

obstruction or have it removed as, n leaving it where it was, it was reasonably

foreseeable that persons could be injured by it being there.

The Claimant also sued two (2) utility companies, the Jamaica Public Service

Company Ltd. ("JPS") and Cable and Wireless Jamaica Ltd. ("C&WJ") since he was

not sure which of these defendants was the owner and therefore responsible for

negligently leaving the offending rod on the sidewalk and in a position to do harm to

him, or other persons using the sidewalk.