Babb v Half Moon Bay Ltd

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Gordon, J.A.,Lewis, C.J.
• Judgment Date: 23 June 1967
• Neutral Citation: AG 1967 CA 3
• Docket Number: Civil Appeal No. 1 of 1967
• Date: 23 June 1967

West Indies Associated States Supreme Court

Lewis, C.J., Gorden, J.A., Lewis, J.A.

Civil Appeal No. 1 of 1967

Babb

and

Half Moon Bay Ltd.

Appearances:

C.E.H. Hewlett for plaintiff/appellant

J.R. Henry for defendant/respondent

Negligance - Damages — Adequacy of damages.

Facts: Evidence revealed that as a result of an accident, the appellant suffered extensive injuries. Thirty percent of body surface was burnt (including head and neck). She was only awarded $12,000 as general damages and $6,571 as special damages. The issue was whether damages were sufficient.

Held: Having regard to the severity of the injuries her disfigurement and loss of earning power, damages were inadequate. The total quantum would therefore be increased by approximately 40%. Appeal allowed.

Gordon, J.A.

1 On the 27th April 1964, the appellant in this case was the victim of a very unfortunate accident. She was travelling as a passenger in a van owned by the respondents, when it overturned and caught fire. The appellant was very badly burnt, and suffered severe injuries as a result. She brought an action for damages for negligence against the respondents and judgment was entered in her favour by the learned trial judge, on the 23rd February 1967 in the following terms:

2 ‘There will be judgment for the plaintiff for $12,000 general damages and $6571.40 special damages and costs to be taxed.’

3 The appellant has appealed against this award on the grounds that it is inadequate. Counsel for the appellant urged on the court that, having regard to the injuries suffered, the general damages were inadequate. Secondly, that the special damages awarded by the trial judge did not take into consideration two aspects,

• (1) That there was no provision made for certain expenses incurred by the respondent in regard to tonics, prescriptions, etc., and a return passage to Canada, which the appellant had to undertake for further...