Mills, David v Smith & Stewart Mobile Corporation Ltd, Patrick Leslie

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. HCV 01533/2004

BETWEEN DAVID MILLS CLAIMANT

AND SMITH & STEWART MOBILE lSDTEFE NDANT

CORPORATION LIMITED

AND PATRICK LESLIE 2ND DEFENDANT

Miss Tamara Francis instructed by Haughton & Associates for the Claimant

Defendant unrepresented, not present.

I Heard September 21 and October 4,2005 /

McDonald, J (Ag.)

The Claimant Mr. David Mills in this action seeks damages for negligence

against the 1'' Defendant as the owner and the 2" Defendant as the driver of a

motor truck in which he was a passenger. On the 2" July 1999 at the Spanish

Town roundabout the truck got out of con,trol, hit down a tree and overturned. As

a result the Claimant suffered injuries and incurred loss and expense.

He was admitted to the Spanish Town Hospital and transferred to the

Kingston Public Hospital where he spent two weeks. After discharge he attended

the out patient clinic.

The particulars of injuries pleaded are as follows: -

(1) Multiple facial and scalp lacerations

(2) Loss of superior segment of right ear lobe;

(3) Laceration to the right shoulder;