Treasure, Jotham v Thomas Bonnick, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN CIVIL DIVISION

CLAIM NO. CL. 200 1 / T 026

BETWEEN JOTHAM TREASURE CLAIMANT

AND THOMAS BONNICK FIRST DEFENDANT

AND TYRONE EDWARDS SECOND DEFENDANT

AND DONOVAN GRIFFITHS THIRD DEFENDANT

AND ANDREW CHAMBERS FOURTH DEFENDANT

Mr. Christopher Samuda instructed by Samuda and Johnson for the Claimant

Mr. Charles Campbell for the Third Defendant

The First Defendant was never served

Second and fourth defendants not appearing or being represented

Practice and Procedure - Whether the owner of a vehicle is able to defend claim

when default jud~mentp reviously entered against driver - Whether owner entitled

to participate in assessment of damages if defence struck out

Assessment of Damapes - Personal Injury - Fracture of right clavicle - Deformity

result in^ - Pain enduring several years later - Quantum to be awarded

March 10,ll and 28,2008

BROOKS, J.

Sergeant Donovan Griffiths found himself in a very unusual situation

when this matter came on for trial. He was prepared to place his defence

before the court but was stymied by the fact that a judgment in default of

appearance had already been entered against the driver of his vehicle which

was involved in the collision which caused injury to Mr. Jotham Treasure.

The question which faced the court was, did Sgt. Griffiths, who was not an

eye-witness to the collision, and did not intend to call such a witness, have a

real prospect of success in defending the claim.