Saunders, Sasha-Gaye v Michael Green, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2005 HCV 2868

BETWEEN SASHA-GAYE SAUNDERS CLAIMANT

AND MICHAEL GREEN FIRST DEFENDANT

AND WENDEL HART SECOND DEFENDANT

A hlD ARM AN WHITE THIRD DEFENDANT

AND MICHAEL BAILEY FOURTH DEFENDANT

IN CHAMBERS

Duane Thomas instructed by Thomas and Company for the claimant

C Kadia Wilson instructed by Taylor, Deacon and James for the second defendant

February 8, 12 and 27, 2007

APPLICATION TO SET ASIDE JUDGMENT, RULE 13.3 OF THE CIVIL

PROCEDURE RULES

SYKES J.

1. This is an application by Mr. Wendel Hart, the second defendant, to set aside a

default judgment that was properly entered against him. He failed to file an

acknowledgment of service as well as a defence within the required time and there

was no extension of time. Judgment was entered against him on March 27,2006.

2. This is the background to the entry of judgment. On February 10, 2005, Miss

Saunders, a young lady of nineteen years and on the threshold of adulthood was a

passenger in a public passenger vehicle, namely, a Toyota Coaster Motor Bus

bearing registration number PB 5837 driven by Mr. Michael Green, the f i r s t

defendant. Mr. Hart is the owner and operator of the bus. The bus collided with a

motor car, bearing registration number 5995 DG, driven by Mr. Michael Bailey, the

fourth defendant, and owned by Mr. Arman White, the third defendant. Judgment

was entered against the fourth defendant as well.

3. The accident occurred on 2E Main Road in Greater Portmore, in the vicinity of

an intersection. I t is agreed that the motor car drove from the minor road on to

the road in which the bus wcls travelling. During the case management conferences

held since last year, Miss Saunders and Mr. Bailey, the driver of the car, have

maintained that Mr. Green the driver of the bus was speeding. Miss Saunders goes

further and alleges that he was racing with another bus; travelling at high speeds

with the door open and on impact she was thrown from the bus, through the open

door and received serious injuries. Mr. Green has denied all of these allegations.