McKenzie, Winston & Calvin Watson v Carlos Brown, George Mendez

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. C. L. 2002/M100

BETWEEN WINSTON McKENZIE 1 ST CLAIMANT

AND CALVIN WATSON 2ND CLAIMANT

AND

AND

CARLOS BROWN

GEORGE MENDEZ

Miss Latoya Stephenson instructed by K.C. Neita for Claimants.

Defendants not appearing or being represented.

2"d and 21" March 2006

BROOKS, J.

1 ST DEFENDANT

2ND DEFENDANT

ASSESSMENT OF DAMAGES

On 22nd March 2002 Mr. Winston McKenzie and Mr. Calvin Watson were

unfortunately knocked, by a truck, from a bicycle for which Mr. McKenzie was the rider

and Mr. Watson a passenger. The vehicle was owned and being driven by the First and

Second Defendants respectively. The Defendants failed to enter an appearance to the suit

filed by the Claimants and a judgment in default, with damages to be assessed, was ,

entered on 12'~D ecember 2002. The Claimants now seek that assessment. I shall treat

with them in turn.

Re Winston McKenzie

General Damages

The evidence before the court concerning Mr. McKenzie7s medical condition

came mostly from a report dated 12'~D ecember 2002 from a Dr. Sherard Little. It

indicated that Mr. McKenzie had suffered multiple trauma, multiple abrasions to the right

forearm and right lower limb and soft tissue contusion of the right thigh. Upon admission