Wilson, Sonia v Muffler Specialists Limited

IN THE SUPREME COURT OF JUDICATURE OF J&AICA

CLAlM NO. CLW 36211994 1

BETWEEN SONIA WILSON

AND MUFFLER SPECIALISTS LIM~TED

Mrs. Sharon Morgan-Grindley instructed by Mr. Alton *organ &

Company for the Claimant

Mr. Garth McBean instructed by McBean & Company fbr the Defendant

Heard: February 27 and 28,2006 and March 17,2006

Straw J (Ag.) ,

CLAIMANT

DEFENDANT

On October 6, 1993, the claimant, Ms. Sonia Wilson was injured while on the

premises of the defendant, Muffler Specialists Limited.

She had taken the vehicle there in order for a$ examination to be carried out.

I

Whilst in the pit area under her vehicle, there was aloud explosion from which she

suffered injuries. She is suing the defendant for damagds for negligence and/or breach of

the Occupiers Liability Act arising from the same incidebt.

Events lead in^ up to the explosion I

The defendant carries on the business of the 4anufacture, supply, distribution,

installation and repair of mufflers and muffler systems fdr motor cars.

Prior to October 10, 1993, the claimant had visijed the premises of the defendant

in relation to an examination of the muffler system. However, she returned to Muffler

Specialists on the 6th as she had noticed that the car w4s losing power and the sound of

the engine was louder. According to her, the muffler sedmed to have a hole.