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Melbourne, Erlene (Administratrix in the estate of the late Osbourne Melbourne, deceased) v Jamaica Infrastructure Operator Limited and The Attorney General of Jamaica

Case Number: 
2014 HCV 00645
Neutral Citation: 
[2022] JMSC Civ 121
Date of Delivery: 

Tort – Breach of statutory duty – Whether a statutory duty of care is imposed on the highway authority – Whether the highway authority breached the statutory duty – Liability of highway authority Occupiers’ liability – Common duty of care – Degree of care – Use of the highway – Motorist injured while using the highway – Unidentified object thrown by unidentified persons from overhead bridge along the highway –Object impacted motorist – Whether the highway is considered to be premises in accordance with the statute – Whether the highway authority is an occupier – Whether motorist is a visitor – Whether motorist is a visitor of the highway authority – Liability of highway authority

Negligence – The duty of care owed by the highway authority to the lawful users of the highway – Whether the highway authority breached the duty of care – Liability of the highway authority

Res ipsa loquitur – Doctrine of – Whether the doctrine of res ipsa loquitur applies

Contract – Whether contract created between the highway authority and a user of the highway – Whether the highway authority owes a duty of care to a user of the highway by virtue of contract – Whether the highway authority is in breach of contract – Liability of highway authority

The Toll Roads Act, 2001, section 16, The Occupiers’ Liability Act, 1969, sections 2 and 3, Main Roads Act, sections 4(1) and 4(2), 5(1)(a) and 5(1)(b)


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