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Vision 

A world-class judiciary utilizing innovation and technology for efficient service delivery.

Mission

To provide sound, timely judgements and efficient court services in an environment where all stakeholders are valued.

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: 
28.07.2022

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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Strategic Plan

Strategic Plan for the Jamaican Judiciary 2024-2028