Mowatt, Robert v Courtney Coote

I IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. HCV 000366/2004

BETWEEN ROBERT MOWATT CLAIMANT

AND COURTNEY COO'rE DEFENDANT

Mrs. Suzette Campbell for the Claimant instructed by Campbell & Campbell.

Defendant unrepresented, not present

Heard: September 20, and 26,2005

McDonald, J (Ag.)

On the 24'" August 2003, Mr. Robert Mowatt, a construction worker was

travelling as a passenger in a motor car owned by the Defendant along the Spring Hill

main road in the parish of Trelawny, when it collided with a utility pole. At the time the

car was being driven by the Defendant's servant andlor agent. Mr. Mowatt sustained

injuries and incurred loss and expense as a result of the accident.

He was taken to the Falmouth Hospital and later transferred to the Cornwall

Regional Hospital where surgery was performed on his hip and his right pinna was

stitched back on. The pinna did not hold and after a couple of weeks a complete

separation had to be performed.