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Marcella Clarke & Claude Dawkins v Leslie Palmer
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO. C.L. 2002/C - 047
BETWEEN
AND
DEF.
AND
MARCELLA CLARKE CLAIMANT
CLAUDE DAWKINS 1 ST
LESLIE PALMER 2ND DEF.
Miss Alicia Thomas instructed by K C Neita and Company for the claimant 1
Miss Thalia Maragh instructed by Jacqueline Samuels-Brown for both defendants 1
MAY 21,2004 and June 16,2004
Sykes J (Ag)
ASSESSMENT OF DAMAGES FOR PERSONAL INJURY
The sole issue in this matter is the quantum of damages. Liability was admitted on
the part of the two defendants.
Miss Clarke is an industrious young woman. She was born December 14, 1983.
She has not sought to use her injuries as an excuse for inactivity. She is cheerful enough,
despite her pain, suffering and decreased enjoyment of life.
On December 21, 2001, one week after her eighteenth birthday, while she was
walking along French Street in the historic settlement of Spanish Town, one of the oldest
European settlements in this hemisphere and the cite of the famous Emancipation Square,
Miss Clarke was struck from behind by a motor vehicle driven by Mr. Leslie Palmer, the