Paul Griffith v Resort Divers Ltd

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

SUIT NO.CL 2000/G015

BETWEEN PAUL GRIFFITH CLAIMANT

AND RESORT DIVERS LTD DEFENDANT

Mr. Maurice Manning and Miss Catherine Minto instructed by Nunes Scholefield Deleon

& Company for Claimant

Miss Sandra Johnson for Defendant

Heard: November 24,2526, December 6,2004 and January 28,2005.

Sinclair-Haynes, J. (Actg.)

On the 30Ih September 1997 at about 8: 1 5 a.m., Paul Grifith was driving along

the Tower Isle main road. Clifton Hamilton, a diver, employed to Resort Divers, driving

in the opposite direction, moved fiom behind a line of traffic and collided with Paul

Griffith's vehicle. Mr. Hamilton died fiom the injuries he received. Mr. Griffith

survived but sustained serious personal injuries and his vehicle was damaged.

The evidence of the Claimant as to how the accident occurred has not been

challenged by the Defendant. I will therefore confine my deliberations to the liability of

the Defendant for the deceased's negligence.

The Defendant contends that the deceased was at the time of the accident on two

(2) days leave, which commenced the day before the accident.

It is, however, the Claimant's case that he was not. Mrs. Beryl Hamilton, the

widow of Mr. Clifton Hamilton, testified that that morning he told her he was leaving for

work.