Thomas, Owen v Foster, Constable Foster, Attorney General of Jamaica

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

I N COMMON LAW

CLAIM NO. CL T 095 OF 1999

BETWEEN

AND

AND

OWEN THOMAS CLAIMANT

CONSTABLE FOSTER FIRST DEFENDANT

ATTORNEY GENERAL

OF JAMAICA SECOND DEFENDANT

Mrs. Sharon Gordon-Townsend for the claimant

Mr. Peter Wilson instructed by the Director of State Proceedings for the defendants

November 9, December 9,20,2005, and January 6,2006

FALSE IMPRISONMENT, ASSAULT AND BATTERY

SYKES J

1. On August 9, 1997, about 5:00 pm Mr. Owen Thomas, the claimant, was taken to the

Linstead Police Station. He had no injuries of any kind. By 9:00 pm, Mr. Thomas was a

patient at the Linstead Hospital. The report from the hospital is clearly inadequate but from

the history presented and their examination, the medical staff thought it prudent to have Mr.

C Owen Thomas x rayed. Fortunately, after his discharge, Mr. Thomas went to Dr. Sandra

Nesbeth who recorded the following injuries:

a. blood shot eyes;

b. severe headache;

c. right eye partially closed, bloody and swollen;

d. the temporo mandibular joint could only open partially and was very painful to

open fully and chew;

e. eye was painful to light (photophobia);

f. right cervical muscle painful - with moderate whip lash;

g. renal angle (kidney area) tender;

h. finger swollen and cannot extend or bend completely.