The Hon. Mrs. Justice Audre Lindo

Injury sustained on roadway – Non-feasance – Mis-feasance – Negligence

Negligence - Motor vehicle accident – Liability of parties – Apportionment of Liability Damages – Assessment – Handicap on the Labour Market – Loss of Earnings.

Matrimonial Property - Claim for 50% share in dwelling house - Parties
separated – Whether property in question is the family home - The Property (Rights of Spouses) Act, Sections 2, 6, 7, 13 and 14(1)

Negligence - Breach of duty of care – Standard of care - Whether claimant given adequate care during and post delivery
Damages- pain and suffering and loss of amenities - Cost of future care – Loss of future earnings

Nuisance – Mining operations – Dust and Noise – Whether substantial or trifling Negligence – Duty of care - Whether Statutory Duty breached Damages - Quantum

Motor vehicle Insurance - Failure of insurance company to indemnify motor vehicle owners - Claim for Breach of contract

Damages – Assessment - Gunshot wound to leg necessitating amputation – Loss two fingers on dominant right hand - Pain and Suffering and Loss of amenities - Post Traumatic Stress Disorder - applicability of multiplier/multiplicand approach to replacement cost of prosthesis and for loss of earning capacity

Assessment of damages- Personal injury- no measurable PPD
Heard: March 3, 2014 and April 4, 2014
 

Negligence – Whether 4th and 5th defendants are independent contractors or servants and agents of 1st defendant - Occupiers’ Liability Act – Whether the defendants or any of them were occupiers of the premises in question - Damages – Assessment