Rodney, Caswell v Audrey Binnie- Palmer, Norman Spaulding

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CIVIL DIVISION

CLAIM NO. HCV 1950 OF 2004

BETWEEN CASWELL RODNEY CLAIMANT

AND AUDREY BMIE-PALMER lST DEFENDANT

AND NORMAN SPAULDING 2ND DEFENDANT

Mr. Charles Campbe!! for the Clairr~antM. iss Debbie-Ann Robinscr, for the 1''

Defendant.

14eard: 25''' February and 3rd March 2005.

Mangatal J:

1. This case concerns an assessment .of damages against the First Defendant. The

First Defendant has conceded liability to,the Claimant in respect of a motor vehicle

accident which occurred on the 26'h March 2003 involving the First Defendant's motor

vehicle and the Claimant's motor vehicle. The Claimant sustained injury as a result of the

accident.

2. Special damages were agreed in the sum of $79,813.00. The main area of

disagreement was as to the appropriate award for general damages in respect of pain and

suffering and loss of amenities. The pivotal issue was whether the Claimant had failed in

his duty to mitigate, or, in other words, whether the Claimant had taken all reasonable

steps to mitigate the loss to himself consequent on the First Defendant's wrongdoing.

3. The Claimant's witness statement dated 161h February 2005 stood as his

examination in chief and he was cross-examined briefly. Two medical reports were

admitted in evidence by consent. Exhibit 1 was the medical report from Kingston Public