Margaret Palmer v Carlos Edwards et al

SAINT VINCENT AND THE GRENADINES IN THE HIGH COURT OF JUSTICE (CIVIL) CLAIM NO. 223 OF 2006 BETWEEN MARGARET ANNE PALMER Claimant And CARLOS 'OLD MAN' EDWARDS JENNISE HOWARD Defendants Before: Master Pearletta Lanns In Chambers Dated the 12th day of February 2010 Appearances Ms Patina Knights holding for Ms Niara Fraser for the Claimant Mr Joseph Delves holding for First Defendant. ORDER UPON THIS MATrER corning before the Court on 9th February 2010 on an application for assessment of damages; following the Liability Judgment of Bruce-Lyle J delivered on 21 st 'March 2009; AND UPON CONSIDERING the evidence filed in these proceedings and the submissions of counsel for the Claimant; AND THE COURT being satisfied that based on the evidence presented, the Claimant has proved and is entitled to special damages in the sum of $59,464.72; DOTH AWARD the Claimant special damages in the sum of $59,464.72. AND THE COllRT, TAKING INTO ACCOUNT the age of the Claimant; the injuries suffered by her, the pain and suffering endured by her; the loss of amenities suffered; AND BEING GUIDED by comparable cases within the jurisdiction of the Eastern Caribbean including (a) Laura Marrocco vs the Attorney General of Antigua and Barbuda Claim No ANlIHCV1997/0240; (b) Kathleen McNally v Eric Lotte and CITCO (BVI) Limited, Claim No BVIHCV2001/0068 DOTH ALSO AWARD the Claimant the sum of $70,000.00 as general damages for pain and suffering and loss of amenities. Summary of the Order

1.The First Defendant shall pay to the Claimant the sum of $59,464.72 as Special Damages.

2.The First Defendant shall pay the Claimant the sum of $70,000.00 as general damages for pain and suffering and loss of amenities.

3.The First Defendant shall pay judgment interest at the rate of 6% from the da1e on which judgment was entered, i.e. 4th August 2008 to date of payment.

4.The First defendant shall pay the claimants costs as prescribed in CPR65.5 Appendices Band C. in the sum of $21 ,314.78. I~tc/-~ /PEARLE~ Master

SAINT VINCENT AND THE GRENADINES IN THE HIGH COURT OF JUSTICE (CIVIL) CLAIM NO. 223 OF 2006 BETWEEN MARGARET ANNE PALMER Claimant And CARLOS 'OLD MAN' EDWARDS JENNISE HOWARD Defendants Before: Master Pearletta Lanns In Chambers Dated the 12th day of February 2010 Appearances Ms Patina Knights holding for Ms Niara Fraser for the Claimant Mr Joseph Delves holding for First Defendant. ORDER UPON THIS MATrER corning before the Court on 9th February 2010 on an application for assessment of damages; following the Liability Judgment of Bruce-Lyle J delivered on 21 st 'March 2009; AND UPON CONSIDERING the evidence filed in these proceedings and the submissions of counsel for the Claimant; AND THE COURT being satisfied that based on the evidence presented, the Claimant has proved and is entitled to special damages in the sum of $59,464.72; DOTH AWARD the Claimant special damages in the sum of $59,464.72. 1 AND THE COllRT, TAKING INTO ACCOUNT the age of the Claimant; the injuries suffered by her, the pain and suffering endured by her; the loss of amenities suffered; AND BEING GUIDED by comparable cases within the jurisdiction of the Eastern Caribbean including (a) Laura Marrocco vs the Attorney General of Antigua and Barbuda Claim No ANlIHCV1997/0240; (b) Kathleen McNally v Eric Lotte and CITCO (BVI) Limited, Claim No BVIHCV2001/0068 DOTH ALSO AWARD the Claimant the sum of $70,000.00 as general damages for pain and suffering and loss of amenities. Summary of the Order

1.The First Defendant shall pay to the Claimant the sum of $59,464.72 as Special Damages.

2.The First Defendant shall pay the Claimant the sum of $70,000.00 as general damages for pain and suffering and loss of amenities.

3.The First Defendant shall pay judgment interest at the rate of 6% from the da1e on which judgment was entered, i.e. 4th August 2008 to date of payment.

4.The First defendant shall pay the claimants costs as prescribed in CPR65.5 Appendices Band C. in the sum of $21 ,314.78. I~tc/-~ /PEARLE~ Master