Powell, Morris v Bell's Trucking and Heavy Duty Equipment Ltd., Sorn Hill Aggregate Ltd.

I N 'THE SUPREME COURT OF JUDICATURE OF JAMAICA

CIVIL DIVISION

CLAIM NO. HCV 0897 OF 2003

BETWEEN MORRIS POWELL . CLAIMANT

AND BELL'S TRUCKING AND HEAVY

DUTY EQUIPMENT LTD FIRST DEFENDANT

AND SORN HILL AGGREGATE LTD SECOND DEFENDANT

Mr. Pierre Rogers for c l a i m a n t

C, Miss Tenneshia Watkins i n s t r u c t e d by Vaccianna and Whittingham for

b o t h defendants

February 2 and 16, 2006

ASSESSMENT OF DAMAGES, INJURY TO FOOT, LOSS OF EARNING

CAPACITY, LOSS OF FUTURE EARNINGS

SYKES J

1. Mr. Morris Powell describes himself in his claim form as a 32 year old

labourer of Sorn Hill District, Myersville Post Office, St. Elizabeth. His claim

is that he was injured by the negligent driving of a front end loader

operated by an unnamed employee or agent of the first defendant. The

injury occurred on December 9, 2000, while Mr. Powell was working at a

quarrie operated by the second defendant. Judgment was entered against

both defendants on September 23, 2004. This trial is one of an assessment

of damages.

2. The circumstances that led to the injury are these. On December 9, 2000,

Mr. Powell was at the quarrie. He was asked to take some water to fill the

radiator of the stone crusher. As he held up a container with the water, the