Sheldon Jules v Brent Williams et al
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- Dominica
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EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CIVIL) COMMONWEALTH OF DOMINICA DOMHCV2009/0018 BETWEEN: Claimant SHELDON JULES and BRENT WlLUAMS Defendant CLEOPETRA CUFFY Before: The Hon. Justice Brian Cottle Appearances: Mrs. Noelize Knight Didier for Claimant Mrs. Zena Dyer for Defendant JUDGMENT 2011 : December 15th 2012: May 5th June 12th
[1]comE J: The defendant having admitted liability for injuries sustained by the claimant after having been struck by a motor vehicle driven by the first defendant this matter proceeded to trial only on the issue of quantum of damages.
[2]The claimant suffered multiple injuries including: (i) Fractures to the facial bones (ii) Wound to the face (iii) Multiple abrasions to the iliac fossa and the limb (iv) Wounds to the left arm and elbow involving muscle no bone (v) Internal bleeding due to wound to the mesentery and aturn mesocolon.
[3]The claimant was taken to hospital where he remained for 9 days. He was operated on to deal with the internal bleeding. At the time of his admission to the hospital it was noted that there was severe deformity of the face of the claimant After his discharge from the hospital, the claimant was experiencing pain to the mouth. He attended Dr. R. Green the dentist who referred him to the ENT specialist Dr. Pascal. Dr. Pascal considered that he required further management and sent him to an ENT colleague in Barbados who referred him to Dr. Judy Ward a plastic and reconstructive surgeon. This was because it was discovered that the claimant has "malocclusion, inability to open his mouth and loss of sensation of his lower lips." In her medical report Dr. Ward diagnosed fracture of several bones in the face. The claimant was operated upon. Arch bars were inserted. He has to return for follow-up surgery several weeks later to remove these bars. A metal plate was inserted which remains in the claimanfs face.
[4]The claimant describes his ordeal as involving considerable pain. He says the appearance of his face is permanently altered. The claimant was 26 at the time of the accident He was an amateur boxer who had represented his country. He worked at an enterprise run by Mr and Mrs Bernard St Clair earning 315 per week.
Special Damages
[5]The need for a claimant to strictly plead particularizes and proves his special damages in order for him to recover them has repeatedly emphasized in these court Master Taylor- Alexander did so again as recently as afew days ago in the Tewodros v Malik and Malik SLUHCV 200910746.
[6]In his statement of claim the claimant pleaded $38,719.83 as special damages. The amount was not particularized. When I add up the amounts particularized I arrive at a total of $7,545.84. In his witness summary, the claimant sets out his expenses and supplies to the total sum of $35,614.83. It was obvious to the court that the claimant had incurred substantial pretJial expenses which were capable of exact quantification and proof. But the claimant having failed to strictly pleas and particularize these, is unable to recover these sums s special damages. Iwill thus restrict the award of special damages to the sum pleaded and particularized that is $7,545.84.
General Damages
[7]The principles which are to guide the court on assessment of the compensation to a litigant for personal injuries are clearly set out in ComHliac v Sf. Louis 19657 WlR 491. These are well known. I do not repeat them. In making this award this court also aims to stay in line with comparable cases concerning awards for personal injury in the region.
[8]Counsel for the claimant cited the cases of Philmore Skepple v Joseph Weekes ANUHCVAP2009/010 and RandvJames v LefOY Lewis et al ANUHCV20071043.
[9]The claimant in Skepple's case was awarded $100,000 for pain, suffering and loss of amenities or injuries which were I. Laceration of about 2 cm long in the right supraaorbital area with mild ipsilateral periorbital hematoma. II. Fracture of the mandible with displacement and active bleeding. III. Fracture of the hard palate with loss of the upper incisors and canine teeth with active bleeding. IV. Dislocation of the right sternoclavicular joint. V. A bulging deformity in the dorsum of the base of the first metacarpal bones of the left hand with tenderness and limited range of movements. VI. Laceration of about 3cm long in the thenar region of the left hand and tenderness and crepitations in the distal phalanx of the ipsilateral thumb. , VII. Swelling and tenderness of the right shoulder, through with full range of movements. VIII. Abrasions of about 4 x 1cm on the anterior aspect of the left leg.
[10]The claimant in Randy James sustained: Facial injuries Injury to right eye Injury to right ear Fracture of both bones of the right forearm Severe internal de-arrangement of the left knee with rupture of all ligament support. In Particular the claimant suffered: (i) Rupture to both Collateral Ligaments of the knee (ii) Complete rupture of the Anterio Crucid Ligament (iii) Meniscus tear and injury to Posterior Crucid Ligament.
[11]He was awarded $70,000 for pain and suffering and $60,000 for loss of amenities. The award for the loss of amenities is especially interesting as the claimant was a cricketer with hopes of representing his country and the wider region. The claimant in the instant case has lost all prospects of advancing himself by his boxing skills.
[12]Having regard to the authorities cited, the applicable principles and the unconstructed evidence of the suffering of the claimant I consider a fair awCl"d to be $55,000 for pain and suffering and $45,000 for loss of amenities.
[13]The total award in this: Special Damages $7,545.84 General Damages $100,000.00 Costs: Prescribed costs on the award for damages amounts to $15,943.19 The defendant will pay interest on the award at the rate of 5% from judgment until payment. t!iEAAS'~~ 'k~ :" ~ ~1sticeBrianCottle ~~ATJ1rsrmA-://High Court Judge ~OF~/
EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CIVIL) COMMONWEALTH OF DOMINICA DOMHCV2009/0018 BETWEEN: SHELDON JULES and BRENT WlLUAMS CLEOPETRA CUFFY Claimant Defendant Before: The Hon. Justice Brian Cottle Appearances: Mrs. Noelize Knight Didier for Claimant Mrs. Zena Dyer for Defendant JUDGMENT 2011 : December 15th 2012: May 5th June 12th ••••••4t”………….”•••” …….-t~.
[1]comE J: The defendant having admitted liability for injuries sustained by the claimant after having been struck by a motor vehicle driven by the first defendant this matter proceeded to trial only on the issue of quantum of damages.
[2]The claimant suffered multiple injuries including: (i) Fractures to the facial bones (ii) Wound to the face (iii) Multiple abrasions to the iliac fossa and the limb (iv) Wounds to the left arm and elbow involving muscle no bone (v) Internal bleeding due to wound to the mesentery and aturn mesocolon.
[3]The claimant was taken to hospital where he remained for 9 days. He was operated on to deal with the internal bleeding. At the time of his admission to the hospital it was noted that there was severe deformity of the face of the claimant After his discharge from the hospital, the claimant was experiencing pain to the mouth. He attended Dr. R. Green the dentist who referred him to the ENT specialist Dr. Pascal. Dr. Pascal considered that he required further management and sent him to an ENT colleague in Barbados who referred him to Dr. Judy Ward a plastic and reconstructive surgeon. This was because it was discovered that the claimant has “malocclusion, inability to open his mouth and loss of sensation of his lower lips.” In her medical report Dr. Ward diagnosed fracture of several bones in the face. The claimant was operated upon. Arch bars were inserted. He has to return for follow-up surgery several weeks later to remove these bars. A metal plate was inserted which remains in the claimanfs face.
[4]The claimant describes his ordeal as involving considerable pain. He says the appearance of his face is permanently altered. The claimant was 26 at the time of the accident He was an amateur boxer who had represented his country. He worked at an enterprise run by Mr and Mrs Bernard St Clair earning 315 per week. Special Damages
[5]The need for a claimant to strictly plead particularizes and proves his special damages in order for him to recover them has repeatedly emphasized in these court Master Taylor- Alexander did so again as recently as afew days ago in the Tewodros v Malik and Malik SLUHCV 200910746.
[6]In his statement of claim the claimant pleaded $38,719.83 as special damages. The amount was not particularized. When I add up the amounts particularized I arrive at a total of $7,545.84. In his witness summary, the claimant sets out his expenses and supplies to the total sum of $35,614.83. It was obvious to the court that the claimant had incurred substantial pretJial expenses which were capable of exact quantification and proof. But the claimant having failed to strictly pleas and particularize these, is unable to recover these sums s special damages. Iwill thus restrict the award of special damages to the sum pleaded and particularized that is $7,545.84. General Damages
[7]The principles which are to guide the court on assessment of the compensation to a litigant for personal injuries are clearly set out in ComHliac v Sf. Louis 19657 WlR 491. These are well known. I do not repeat them. In making this award this court also aims to stay in line with comparable cases concerning awards for personal injury in the region.
[8]Counsel for the claimant cited the cases of Philmore Skepple v Joseph Weekes ANUHCVAP2009/010 and RandvJames v LefOY Lewis et al ANUHCV20071043.
[9]The claimant in Skepple’s case was awarded $100,000 for pain, suffering and loss of amenities or injuries which were I. Laceration of about 2 cm long in the right supraaorbital area with mild ipsilateral periorbital hematoma. II. Fracture of the mandible with displacement and active bleeding. III. Fracture of the hard palate with loss of the upper incisors and canine teeth with active bleeding. IV. Dislocation of the right sternoclavicular joint. V. A bulging deformity in the dorsum of the base of the first metacarpal bones of the left hand with tenderness and limited range of movements. VI. Laceration of about 3cm long in the thenar region of the left hand and tenderness and crepitations in the distal phalanx of the ipsilateral thumb. , VII. Swelling and tenderness of the right shoulder, through with full range of movements. VIII. Abrasions of about 4 x 1cm on the anterior aspect of the left leg.
[10]The claimant in Randy James sustained: 3 Facial injuries Injury to right eye Injury to right ear Fracture of both bones of the right forearm Severe internal de-arrangement of the left knee with rupture of all ligament support. In Particular the claimant suffered: (i) Rupture to both Collateral Ligaments of the knee (ii) Complete rupture of the Anterio Crucid Ligament (iii) Meniscus tear and injury to Posterior Crucid Ligament.
[11]He was awarded $70,000 for pain and suffering and $60,000 for loss of amenities. The award for the loss of amenities is especially interesting as the claimant was a cricketer with hopes of representing his country and the wider region. The claimant in the instant case has lost all prospects of advancing himself by his boxing skills.
[12]Having regard to the authorities cited, the applicable principles and the unconstructed evidence of the suffering of the claimant I consider a fair awCl”d to be $55,000 for pain and suffering and $45,000 for loss of amenities.
[13]The total award in this: Special Damages $7,545.84 General Damages $100,000.00 Costs: Prescribed costs on the award for damages amounts to $15,943.19 The defendant will pay interest on the award at the rate of 5% from judgment until payment. t!iEAAS’~~ ‘k~ :” ~ ~1sticeBrianCottle ~ATJ1rsrmA-://High Court Judge ~OF~/
PDF extraction
EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CIVIL) COMMONWEALTH OF DOMINICA DOMHCV2009/0018 BETWEEN: Claimant SHELDON JULES and BRENT WlLUAMS Defendant CLEOPETRA CUFFY Before: The Hon. Justice Brian Cottle Appearances: Mrs. Noelize Knight Didier for Claimant Mrs. Zena Dyer for Defendant JUDGMENT 2011 : December 15th 2012: May 5th June 12th
[1]comE J: The defendant having admitted liability for injuries sustained by the claimant after having been struck by a motor vehicle driven by the first defendant this matter proceeded to trial only on the issue of quantum of damages.
[2]The claimant suffered multiple injuries including: (i) Fractures to the facial bones (ii) Wound to the face (iii) Multiple abrasions to the iliac fossa and the limb (iv) Wounds to the left arm and elbow involving muscle no bone (v) Internal bleeding due to wound to the mesentery and aturn mesocolon.
[3]The claimant was taken to hospital where he remained for 9 days. He was operated on to deal with the internal bleeding. At the time of his admission to the hospital it was noted that there was severe deformity of the face of the claimant After his discharge from the hospital, the claimant was experiencing pain to the mouth. He attended Dr. R. Green the dentist who referred him to the ENT specialist Dr. Pascal. Dr. Pascal considered that he required further management and sent him to an ENT colleague in Barbados who referred him to Dr. Judy Ward a plastic and reconstructive surgeon. This was because it was discovered that the claimant has "malocclusion, inability to open his mouth and loss of sensation of his lower lips." In her medical report Dr. Ward diagnosed fracture of several bones in the face. The claimant was operated upon. Arch bars were inserted. He has to return for follow-up surgery several weeks later to remove these bars. A metal plate was inserted which remains in the claimanfs face.
[4]The claimant describes his ordeal as involving considerable pain. He says the appearance of his face is permanently altered. The claimant was 26 at the time of the accident He was an amateur boxer who had represented his country. He worked at an enterprise run by Mr and Mrs Bernard St Clair earning 315 per week.
Special Damages
[5]The need for a claimant to strictly plead particularizes and proves his special damages in order for him to recover them has repeatedly emphasized in these court Master Taylor- Alexander did so again as recently as afew days ago in the Tewodros v Malik and Malik SLUHCV 200910746.
[6]In his statement of claim the claimant pleaded $38,719.83 as special damages. The amount was not particularized. When I add up the amounts particularized I arrive at a total of $7,545.84. In his witness summary, the claimant sets out his expenses and supplies to the total sum of $35,614.83. It was obvious to the court that the claimant had incurred substantial pretJial expenses which were capable of exact quantification and proof. But the claimant having failed to strictly pleas and particularize these, is unable to recover these sums s special damages. Iwill thus restrict the award of special damages to the sum pleaded and particularized that is $7,545.84.
General Damages
[7]The principles which are to guide the court on assessment of the compensation to a litigant for personal injuries are clearly set out in ComHliac v Sf. Louis 19657 WlR 491. These are well known. I do not repeat them. In making this award this court also aims to stay in line with comparable cases concerning awards for personal injury in the region.
[8]Counsel for the claimant cited the cases of Philmore Skepple v Joseph Weekes ANUHCVAP2009/010 and RandvJames v LefOY Lewis et al ANUHCV20071043.
[9]The claimant in Skepple's case was awarded $100,000 for pain, suffering and loss of amenities or injuries which were I. Laceration of about 2 cm long in the right supraaorbital area with mild ipsilateral periorbital hematoma. II. Fracture of the mandible with displacement and active bleeding. III. Fracture of the hard palate with loss of the upper incisors and canine teeth with active bleeding. IV. Dislocation of the right sternoclavicular joint. V. A bulging deformity in the dorsum of the base of the first metacarpal bones of the left hand with tenderness and limited range of movements. VI. Laceration of about 3cm long in the thenar region of the left hand and tenderness and crepitations in the distal phalanx of the ipsilateral thumb. , VII. Swelling and tenderness of the right shoulder, through with full range of movements. VIII. Abrasions of about 4 x 1cm on the anterior aspect of the left leg.
[10]The claimant in Randy James sustained: Facial injuries Injury to right eye Injury to right ear Fracture of both bones of the right forearm Severe internal de-arrangement of the left knee with rupture of all ligament support. In Particular the claimant suffered: (i) Rupture to both Collateral Ligaments of the knee (ii) Complete rupture of the Anterio Crucid Ligament (iii) Meniscus tear and injury to Posterior Crucid Ligament.
[11]He was awarded $70,000 for pain and suffering and $60,000 for loss of amenities. The award for the loss of amenities is especially interesting as the claimant was a cricketer with hopes of representing his country and the wider region. The claimant in the instant case has lost all prospects of advancing himself by his boxing skills.
[12]Having regard to the authorities cited, the applicable principles and the unconstructed evidence of the suffering of the claimant I consider a fair awCl"d to be $55,000 for pain and suffering and $45,000 for loss of amenities.
[13]The total award in this: Special Damages $7,545.84 General Damages $100,000.00 Costs: Prescribed costs on the award for damages amounts to $15,943.19 The defendant will pay interest on the award at the rate of 5% from judgment until payment. t!iEAAS'~~ 'k~ :" ~ ~1sticeBrianCottle ~~ATJ1rsrmA-://High Court Judge ~OF~/
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EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CIVIL) COMMONWEALTH OF DOMINICA DOMHCV2009/0018 BETWEEN: SHELDON JULES and BRENT WlLUAMS CLEOPETRA CUFFY Claimant Defendant Before: The Hon. Justice Brian Cottle Appearances: Mrs. Noelize Knight Didier for Claimant Mrs. Zena Dyer for Defendant JUDGMENT 2011 : December 15th 2012: May 5th June 12th ••••••4t”………….”•••” …….-t~.
[1]comE J: The defendant having admitted liability for injuries sustained by the claimant after having been struck by a motor vehicle driven by the first defendant this matter proceeded to trial only on the issue of quantum of damages.
[2]The claimant suffered multiple injuries including: (i) Fractures to the facial bones (ii) Wound to the face (iii) Multiple abrasions to the iliac fossa and the limb (iv) Wounds to the left arm and elbow involving muscle no bone (v) Internal bleeding due to wound to the mesentery and aturn mesocolon.
[3]The claimant was taken to hospital where he remained for 9 days. He was operated on to deal with the internal bleeding. At the time of his admission to the hospital it was noted that there was severe deformity of the face of the claimant After his discharge from the hospital, the claimant was experiencing pain to the mouth. He attended Dr. R. Green the dentist who referred him to the ENT specialist Dr. Pascal. Dr. Pascal considered that he required further management and sent him to an ENT colleague in Barbados who referred him to Dr. Judy Ward a plastic and reconstructive surgeon. This was because it was discovered that the claimant has "malocclusion, inability to open his mouth and loss of sensation of his lower lips." In her medical report Dr. Ward diagnosed fracture of several bones in the face. The claimant was operated upon. Arch bars were inserted. He has to return for follow-up surgery several weeks later to remove these bars. A metal plate was inserted which remains in the claimanfs face.
[4]The claimant describes his ordeal as involving considerable pain. He says the appearance of his face is permanently altered. The claimant was 26 at the time of the accident He was an amateur boxer who had represented his country. He worked at an enterprise run by Mr and Mrs Bernard St Clair earning 315 per week. Special Damages
[5]The need for a claimant to strictly plead particularizes and proves his Special Damages in order for him to recover them has repeatedly emphasized in these court Master Taylor- Alexander did so again as recently as afew days ago in the Tewodros v Malik and Malik SLUHCV 200910746.
[6]In his statement of claim the claimant pleaded $38,719.83 as special damages. The amount was not particularized. When I add up the amounts particularized I arrive at a total of $7,545.84. In his witness summary, the claimant sets out his expenses and supplies to the total sum of $35,614.83. It was obvious to the court that the claimant had incurred substantial pretJial expenses which were capable of exact quantification and proof. But the claimant having failed to strictly pleas and particularize these, is unable to recover these sums s special damages. Iwill thus restrict the award of special damages to the sum pleaded and particularized that is $7,545.84. General Damages
[8]Counsel for the claimant cited the cases of Philmore Skepple v Joseph Weekes ANUHCVAP2009/010 and RandvJames v LefOY Lewis et al ANUHCV20071043.
[7]The principles which are to guide the court on assessment of the compensation to a litigant for personal injuries are clearly set out in ComHliac v Sf. Louis 19657 WlR 491. These are well known. I do not repeat them. In making this award this court also aims to stay in line with comparable cases concerning awards for personal injury in the region.
[9]The claimant in Skepple’s case was awarded $100,000 for pain, suffering and loss of amenities or injuries which were I. Laceration of about 2 cm long in the right supraaorbital area with mild ipsilateral periorbital hematoma. II. Fracture of the mandible with displacement and active bleeding. III. Fracture of the hard palate with loss of the upper incisors and canine teeth with active bleeding. IV. Dislocation of the right sternoclavicular joint. V. A bulging deformity in the dorsum of the base of the first metacarpal bones of the left hand with tenderness and limited range of movements. VI. Laceration of about 3cm long in the thenar region of the left hand and tenderness and crepitations in the distal phalanx of the ipsilateral thumb. , VII. Swelling and tenderness of the right shoulder, through with full range of movements. VIII. Abrasions of about 4 x 1cm on the anterior aspect of the left leg.
[10]The claimant in Randy James sustained: 3 Facial injuries Injury to right eye Injury to right ear Fracture of both bones of the right forearm Severe internal de-arrangement of the left knee with rupture of all ligament support. In Particular the claimant suffered: (i) Rupture to both Collateral Ligaments of the knee (ii) Complete rupture of the Anterio Crucid Ligament (iii) Meniscus tear and injury to Posterior Crucid Ligament.
[11]He was awarded $70,000 for pain and suffering and $60,000 for loss of amenities. The award for the loss of amenities is especially interesting as the claimant was a cricketer with hopes of representing his country and the wider region. The claimant in the instant case has lost all prospects of advancing himself by his boxing skills.
[12]Having regard to the authorities cited, the applicable principles and the unconstructed evidence of the suffering of the claimant I consider a fair awCl”d to be $55,000 for pain and suffering and $45,000 for loss of amenities.
[13]The total award in this: Special Damages $7,545.84 General Damages $100,000.00 Costs: Prescribed costs on the award for damages amounts to $15,943.19 The defendant will pay interest on the award at the rate of 5% from judgment until payment. t!iEAAS'~~ 'k~ :” ~ ~1sticeBrianCottle ~~ATJ1rsrmA-://High Court Judge ~OF~/
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