Todd, Avenel v Miller Surgical Supplies, Rupert Maxwell

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIL DIVISION

SUIT NO. C.L. OF 1997/T-119

BETWEEN AVENEL TODD CLAIMANT

AND MILLER SURGICAL SUPPLIES 1ST DEFENDANT I

AND RUPERTMAXWELL 2ND DEFENDANT

Ainsworth Campbell for the claimant. 1

Miss Daniella Gentles instructed by Livingston Alexander & Levy for the defendants. 1

Heard: November 22,23,2004 and Februaw 7,2005

JONES, J:

[I] Avenel Todd was a passenger in a van owned by Miller Surgical Supplies Limited and ! !

driven by Rupert Maxwell. She was injured when the van overturned along the Spanish

Town Road on March 13,1997. She says Mr Maxwell was speeding and was the cause of

the accident. Mr Maxwell, on the other hand, denies this; he says that he attempted to

avoid a dangerous situation by swinging his van away from a truck that turned into his

path. His van overturned as a result of this manoeuvre.

[2] On July 15, 1997, Avenel Todd instituted an action in the Supreme Court, claiming that

Mr. Maxwell negliger~tlyd rove the van belonging to Miller Surgical Supplies Limited causing

it to overturn from which she sustained injuries. The particulars of negligence claimed

by Miss Todd against Mr. Rupert Maxwell were that he was:

(a) Driving from side to side on the road

(b) Swingiug recklessly from side to side on the road

(c) Hitting the pavement and causing the vehicle to overturn

(d) Failing to keep a straight and proper course