Myrie, Kelleciah v Beverly Mitchell, Cordell Wilson

I N THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2004 HCV 00962

BETWEEN KELLECIAH MYRIE CLAIMANT

A hlD BEVERLY MITCHELL FIRST DEFENDANT

AND CORDELL WILSON SECOND DEFENDANT

Michele Champagnie instructed by Peter Champagnie for the claimant

Defendant absent and unrepresented

March 8 and May 22, 2007

ASSESSMENT OF OAMAGES, LOSS OF EARNINGS, LOSS OF EARNING

CAPACITY, COST OF PAST ASSISTANCE, COST OF FUTURE

ASSISTANCE AN0 A HUNT V SEVERS TRUST,

SYKES J.

1. T h i s i s an assessment of damages arising from an accident t h a t

o c c u r r e d on May 27, 2000, when Miss Kelleciah M y r i e , t h e claimant,

was a passenger in a c a r , d r i v e n by M r . Cordell Wilson, which smashed

into a u t i l i t y p o l e i n t h e v i c i n i t y of Wee Tom Lane along t h e Newland

Road in t h e parish of S t . Catherine. I t was alleged t h a t a t t h e t i m e o f

t h e accident M r . Wilson was t h e servant o r agent of Miss Beverly

M i t c h e l l .

2. Judgment was e n t e r e d against b o t h defendants. Judgment was

e n t e r e d against Miss M i t c h e l l on February 4, 2005, and against M r .

Wilson on January 2 0 , 2 0 0 6 . Miss M i t c h e l l has p a i d o v e r t h e policy

l ~ m i t($ 1,500,000.00) and t h e case against her was discontinued by a

n o t i c e of discontinuance f i l e d January 17, 2007. This assessment is

f o r t h e t o t a l damages recoverable from w h i c h w i l l b e d e d u c t e d t h e

sums already recovered from Miss M i t c h e l l .

The assessment

Nature and extent of the injuries sustained