Patricia Tomlinson v The Attorney General

IN THE SUPREME COURT OF JUDICATURE OF

IN COMMON LAW

CL T 043 OF 2002

BETWEEN PATRICIA TOMLINSON CLAIMANT I ~

(Mother of Randolph Hylton)

AND THE AlTORNEY GENERAL DEFENDANT

No representation for claimant and claimant absent

0 Miss Symone Mayhew and Miss Tasha Manley for the defendant

February 8,2005

STRIKING OUT UNDER RULE 39.5 OF THE CIVIL PROCEDURE RULES

SYKES J

1. In this matter, I struck out the claim against the defendant exercising

my powers under rule 39.5 of the Civil Procedure Rules (CPR), 2002. These

are my reasons.

The cause of action

2. Dr. Bernard Marshall, attorney at law, for Patricia Tomlinson, the

claimant, filed a writ of summons in the Supreme Court on May 1, 2002. The

endorsement on the writ indicated that the action was brought under the

Fatal Accidents Act and the Law Reform (Miscellaneous Provisions) Act. The

claimant alleged that the Crown servants and/or agents responsible for the

General Penitentiary, now known as the Tower Street Adult Correction