JAMES MASON v EVERARD RENEE et al

" ") ' / # /l .( 1 •• ' .:..,; . I / , .,. ____ , ;'_ ._. , SAINT LUCIA IN THE HIGH COURT OF JUSTICE (CIVIL) A.D. 1996 Suit No. 5~~ of 1992 3t:TWEEN: JAMES MASON trading as ST. LUCIA NATIONAL DRIVING SCHOOL Plaintiff and

1.EVERARD RENEE trading as RENEE'S CONSTRUCTION

2.ROBINSON SMALL Defendants Consolidated with Suit No. 2 of 1993 BETWEEN: EVERARD RENEE trading as RENEE'S CONSTRUCTION Plaintiff and 1. JAMES MASON trading as ST. LUCIA NATIONAL DRIVING SCHOOL 2. CLEMENTIA EUGENE Defendants Mr. D. Theodore for St. Lucia National Driving School Mr. A. McNamara for Renee Construction 1996: July 29;

October

9.J U D G MEN T MATTHEW J. On October 16, 1992 James :'ft2(}On t.rading .'3.8 St. Lucia National Driving School filed a writ o f summons indorsed with statement of claim asking for $10,349.30 which he termed as special damages arising out o f a motor accident between the Parties on August 21, 1990. The Defendants entered appearance on December 11, 1992 and filed their defence on January 1, 1993. The defence was a general denial of liability and no counterclaim '~~B set up. A reply and a request for hearing was filed on February 18, 1993 and March 2, 993 respectively. On January 6, 1993 Everard Renee trading as Renee's Construction iled a writ OL 3ummons indorsed with statement of claim respect the same accident and there te alleged negligence on the part of Clementia E1lgene as the cause of the accident. In the particulars negligence tl~ Plaintiff stated among other things that the cause of the accident was the reversing cf the motor vehicle registration No. 6339 and turning right across the road and across the path of Robinson Small. Robinson Small was the driver of lorry registration number T3598 owned by Renee's Construction and Clementia Eugene was the driver of motor car registration number 6339 owned by the Saint Lucia National Driving Scnool at the time of the accident. Renee's construction claimed "special damages" in the amount of $6,825.00. Appearance in this suit was entered on March II, 1993 and a defence and counterclaim was filed on March 19, 1993. On July 21, 1993 an order was made for the consolidation of both suits. At the trial James Mason, P.C. Curtis Charles and David Fitz gave evidence for the St. Lucia National Driving School and Everard Renee and Robinson Small gave evidence for Renee's Construction. The accident occurred on the Old Victoria Roarl not tco far from the Green Parrot restaurant and near a "T" junction with that road. The Old Victoria Road runs from East to West with the Green Parrot close to the Western end and the Fort nearer the Eastern end. minor road runs from North to South with the Southern end being the Old Victoria Road. The collision took place about five feet from denial of liability and no countercla was set up. A a st for hearing was filed on February 18, 1993 and March 2, 1 93 respectively. January 6, 1993 Everard Renee trading as Renee's Construct f led a writ of summons indorsed ~ith statement of claim re o the same accident and there t~ alleged negligence on ementia Eugene as the cause of acci In t ars negligence the Plaintiff stated among t t cause of the accident was the revers of cle stration No. 6339 and turning right across t across path of Robinson Small. Robinson Small was t r of 1 registration number T3598 owned by Renee's Construction and ementia was r o motor car registration number 6339 owned by Sa Lucia National Driving School at the time of the accident. Renee's construction claimed "special damages" amount of $ ,825.00. Appearance in this suit was entered on March 11, 1993 and a defence and counterclaim was filed on March 19, 1993. On July 21, 1993 an order was made for the consol of both ts. At the trial James Mason, P.C. Curtis es and Fitz gave evidence for the St. Lucia National Driving and Everard Renee and Robinson Small gave evidence for Renee's Construct accident occurred on the Old Victoria Road not t~o far Green Parrot restaurant and near a "T" junction with that road. The Old Victoria Road runs from East to West with the Green Parrot c ose to the Western end and the Fort nearer the Eastern end. minor road runs from North to South with the Southern end being the Old Victoria Road. The collision took place about five t from f es and was t s another person I Mason. I i to tell s Court that he was not ice was measurements out was t my ew is a atant I and I pre Mason P.C. Curtis es to cont I has ice to t measurements whi represent stance from s failed to of P.C. as lows: "I measured ace me gave way. is 1. Robinson Small was s gave" fer P.C. s. do not the version I as to how acc On the other hand I was most s James Mason who stood up to cross courteous I his version as to cause acc I find that the cause acc was not obstruct created by the vehic on Road. Neither its de in 519 of 1992 nor statement claim suit 2 of 1993 Renee's Construct set up such a pleading. I find that the cause the acc was I was e to keep control of his car on the Old vi width of the road at the point of impact was 14 feet. If 5 feet was taken up by car 6339 and the width was 7 i t was enough room for t lorry to pass comfort y. I find that Small saw the car on the road a way off truction was not sudden as he tried to in evi I lieve Mason when said saw 100 feet t s is an indicat that if Small was attent d seen the car away at Lha~ distance. my view it is not at all imprudent that one stop on t or road as in this case if she hears the noise d cle and enough room heat of the moment for other cle t pass. find that Small's vehicle was defective, and not "effect II as the Saint Lucia National Driving School says its , and find that Small knew of the defect. s t after t accident is not one of surpri se. He told Mason and ementia that he was sorry and soon after the ice left t scene goes under his lorry and does s "repairs" f es is on the road again. It is noticeable that soon after the accident s not throw arne on Mason or ementia and does not set up any fence truction. A further indication of knowledge of the defective brake is that according to P.C. Curtis Charles this truck is known me s like brakes. In my judgment the defect s was no occurrence due to a latent defect not s e reasonable care on the part of Robinson Small. I find as a fact that there was no damage to the truck or lorry stration number T3598 and I do not find that Clementia Eugene was contributorily negligent but that the sole cause of the accident was Robinson Small. "special damages" eaded by St. Lucia Nat School has not been disputed. David Fitz t t amounts was not cross-examined and learned Renee's construction his final address stated that not chall values given in the exhibits. I dismiss the claim brought in suit 2 1993 witL no as to costs and in respect of suit 519 of 1992 my order is the fendants pay to the a iff the sum of $10,349.3 and the aintiff's costs to be agreed or t A.N.J. MATTHEW sne

Suit No. 512 of 1992 Matthew, J Delivered: 09/10/96