Kelly, Elise & Orlando Burgess v Garfield Minot, Robert Nelson

IN THE SUPREME COURT OF JUDICATURE OF JAMICA

IN THE CIVIL DIVISION

CLAIM NO. 2004HCV03036

BETWEEN ELISE KELLY CLAIMANT

(Mother and Administratrix of the

Estate of Daniel (iarciano Burgess

deceased

AND ORLANDO BURGESS 2ND CLAIMANT

(Father and Administrator of the

Estate of Daniel Ciarciano Burgess

Deceased

AND GARFIELD MINOTT 1 ST DEFENDANT

AND ROBERT NELSOlN 2ND DEFENDANT

Miss Tasha McDonald instructed by Nun~es, Scholefield, DeLeon

and Co., for ApplicantsIDefendants

Mrs. Marvalyn Taylor-Wright and Co., fix RespondentsIClaimants

Notice of Application for Court Orders that the Order

of Her Ladyship Master Lindo (Ag.) on ihe Claimants

Ex-parte Application for Court Orders to extend the

Validity and time for service of the Claim Form and for

Substituted Service granted on November 10,2005 be

set aside

Heard: Tuesday, 22"d March 2007

Coram: MORRISON, J (Ag.)

The Claimants/Respondents are tlhe natural parents of young Daniel Garciano Burgess

who met his demise as a result of a motor vehicle accident on the 28th day of December 1999. It

is alleged that the second Defendant being the servant and/or agent of the first Defendant so

negligently drove and/or maneuvered and/or, operated a Carnry motor-car that it violently

collided with Daniel Burgess resulting in his decease.