Simms, David v Shirley Brown, Santo Russell

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. S 226 of 2000

BETWEEN DAVID SQVIMS CLAIMANT I

AND

AND

SHIRLEY BROWN

SANTO RIJSSELL

1 ST DEFENDANT

2ND DEFENDANT

Ms Dundee Ferguson instructed by Ferguson Campbell and Company for

Claimant.

Mr. Burchell Brown for both Defendants.

HEARD; 6th June, 2007

CORAM: D. 0 . MCINTOSH J.

The second Defendant was the driver of the motor vehicle which collided

with the claimant resulting in damages to claimant's bicycle and multiple injuries

being sustained by him. The vehicle was owned and insured by the second

defendant who gave evidence that the first defendant was insured to drive the

said vehicle.

Before this case could be tried, the second defendant, who had been

alone at the time of the collision, died. This court allowed the purported witness

statement of the second defendant to stand as evidence for the defence although

claimant's attorney objected to it on the basis that it was, at best, of dubious