Raleigh Peters v Alan Gumbs

TERRITORY OF ANGUILLA THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CIVIL) CLAIM NO AXAHCV2011/0059 BETWEEN RALEIGH PETERS Claimant AND ALAN GUMBS Defendant Before Master Pearletta E Lanns Dated 12th December 2011 Appearances Ms Paulette Harrigan for Claimant Mr Alan Gumbs in person Assessment of Damages

[1]Lanns, M: On 18th September 2008, the Claimant was mounting a pavement in Stoney Ground, when he was struck down by a motor vehicle Registration Number P 6000 driven by the Defendant. The Claimant sustained injuries described as: (i) Concussion with Loss of Consciousness (ii) Cerebral Contusion with contrecoup injury (iii) Skull fracture (iv) Axonal Shear Injury (v) Partial Complex Seizures with generalization and loss of consciousness (vi) Cervical and lumbo-sacral radiculopathy (vii) Left Rotator Cuff Injury (viii) Left Knee focal dysfunction (ix) Unrelated mild peripheral neuropathy.

[2]On 1st September 2011, the Claimant commenced proceedings against the Defendant alleging negligence and claiming damages for the loss and damages suffered as a result of the accident.

[3]The Defendant did not acknowledge service or file a defence. As a consequence of which judgment in Default of Acknowledgement of service was entered against him for damages to be assessed. This is the assessment.

[4]UPON this matter coming on for assessment of damages following entry of Judgment in Default of Acknowledgment of Service and Defence; AND the court being satisfied that the judgment was validly obtained; AND upon considering the evidence, submissions and authorities in support of the assessment; And taking into account the age of the Claimant, the nature and extent of the injuries sustained by him, the nature and gravity of the resulting physical disability; the pain and suffering endured; his loss of amenities, the extent to which his pecuniary prospects have been affected; And being guided by comparable cases such as (i) Lincoln Carty v Lionel Patrick- Claim No SKBHCV1998/0054, delivered 29TH June 2009; (ii) Randy James v Leroy Lewis et al Claim No ANUHCV 2007/0403 delivered 31st July 2009; (iii) Bernice Jeremiah and Talitha Jeremiah v Royston Gilbert et al GDA HCV2008/0038; delivered in 2010 It is hereby ordered that damages are assessed as follows: [1] Special damages EC$ 27,598.05 [2] General damages (a) Pain and suffering and loss of amenities EC$155,000.00 (b) Loss of earning future earning capacity EC$ 75,000.00 (c) Future medical expenses (i) Physiotherapy EC$ 960.00 (ii) Surgery and associated expenses EC$ 48,409.83 (iii) Medication (EC$308 x 12 x 10) = EC$ 36,960.00 (iv) Future care EC$600.00 x12 x 5 = EC$ 36,000.00 Total general damages EC$352,329.83

[5]Interest at the rate of 2.5 per cent per annum on the sum of EC$27,598.05 from the date of the accident to today 13th December 2011;

[6]Interest on the sum of $155,000 from the date of service of the claim to today 13th December 2011.

[7]Post judgment interest on the total judgment sum of EC$379,927.88 at the rate of five per cent per annum from today’s date until date of final payment.

[8]Costs agreed in the um of EC$22,795.00.

Pearletta E. Lanns

Master

TERRITORY OF ANGUILLA THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE (CIVIL) CLAIM NO AXAHCV2011/0059 BETWEEN RALEIGH PETERS Claimant AND ALAN GUMBS Defendant Before Master Pearletta E Lanns Dated 12 th December 2011 Appearances Ms Paulette Harrigan for Claimant Mr Alan Gumbs in person Assessment of Damages

[1]Lanns, M: On 18 th September 2008, the Claimant was mounting a pavement in Stoney Ground, when he was struck down by a motor vehicle Registration Number P 6000 driven by the Defendant. The Claimant sustained injuries described as: (i) Concussion with Loss of Consciousness (ii) Cerebral Contusion with contrecoup injury (iii) Skull fracture (iv) Axonal Shear Injury (v) Partial Complex Seizures with generalization and loss of consciousness (vi) Cervical and lumbo-sacral radiculopathy (vii) Left Rotator Cuff Injury (viii) Left Knee focal dysfunction (ix) Unrelated mild peripheral neuropathy.

[2]On 1 st September 2011, the Claimant commenced proceedings against the Defendant alleging negligence and claiming damages for the loss and damages suffered as a result of the accident.

[3]The Defendant did not acknowledge service or file a defence. As a consequence of which judgment in Default of Acknowledgement of service was entered against him for damages to be assessed. This is the assessment.

[4]UPON this matter coming on for assessment of damages following entry of Judgment in Default of Acknowledgment of Service and Defence; AND the court being satisfied that the judgment was validly obtained; AND upon considering the evidence, submissions and authorities in support of the assessment; And taking into account the age of the Claimant, the nature and extent of the injuries sustained by him, the nature and gravity of the resulting physical disability; the pain and suffering endured; his loss of amenities, the extent to which his pecuniary prospects have been affected; And being guided by comparable cases such as (i) Lincoln Carty v Lionel Patrick- Claim No SKBHCV1998/0054, delivered 29TH June 2009; (ii) Randy James v Leroy Lewis et al Claim No ANUHCV 2007/0403 delivered 31 st July 2009; (iii) Bernice Jeremiah and Talitha Jeremiah v Royston Gilbert et al GDA HCV2008/0038; delivered in 2010 It is hereby ordered that damages are assessed as follows:

[5]Interest at the rate of 2.5 per cent per annum on the sum of EC$27,598.05 from the date of the accident to today 13 th December 2011;

[6]Interest on the sum of $155,000 from the date of service of the claim to today 13 th December 2011.

[7]Post judgment interest on the total judgment sum of EC$379,927.88 at the rate of five per cent per annum from today’s date until date of final payment.

[8]Costs agreed in the um of EC$22,795.00. Pearletta E. Lanns Master

[1]Special damages EC$ 27,598.05

[2]General damages (a) Pain and suffering and loss of amenities EC$155,000.00 (b) Loss of earning future earning capacity EC$ 75,000.00 (c) Future medical expenses (i) Physiotherapy EC$ 960.00 (ii) Surgery and associated expenses EC$ 48,409.83 (iii) Medication (EC$308 x 12 x 10) = EC$ 36,960.00 (iv) Future care EC$600.00 x12 x 5 = EC$ 36,000.00 Total general damages EC$352,329.83