Hawkins et Al v Peters

• Jurisdiction: Antigua and Barbuda
• Court: High Court (Antigua)
• Judge: Louisy, J.
• Judgment Date: 01 March 1971
• Neutral Citation: AG 1971 HC 2
• Docket Number: No. 114 of 1969
• Date: 01 March 1971

High Court

Louisy, J.

No. 114 of 1969

Hawkins et al

and

Peters

Appearances:

Kendall for plaintiffs

Clarks for first defendant

Philips Q.C. for second defendant with Miss B. Lake.

Negligence - Traffic accident — Liability.

Facts: Evidence revealed that the plaintiffs were passengers in the first defendant's car which crashed into the second defendant's truck.

Held: The first defendant's negligent driving was the sole cause of the plaintiff's injuries and the accident. The plaintiffs were entitled to damages for the pain suffered and the length of time they were unable to work.

Louisy, J.

1 The plaintiffs' claim is for damages for personal injuries and consequential loss caused by the negligent driving of the defendants on the 3rd February, 1969 on the Valley Road, Bolans.

2 The plaintiffs' case is that they were travelling in the first defendant's car as passengers on the 3rd February, 1969. The plaintiff Hawkins states that he was driving in the first defendant's car in the back seat, the plaintiff Pelle was travelling in the front seat, he was proceeding to Johnson's Point, on the Valley Road, Bolans. The first defendant was driving the car fast about 60 m.p.h., the car went into a little gully or trench on the left side of the road. The car pulled out of the trench, the plaintiff then saw a truck coming in the opposite direction with a load of sand, the truck stopped on the left side of the road and the car ran into the right side of the truck, the plaintiff ducked after the accident, a man took him out of the car also Maureen Pelle and took them to the Holberton Hospital where he was examined by Doctor Lake. This plaintiff suffered the following injuries -

• (1) Dislocation of left shoulder

• (2) Laceration of right forehead, transverse 2 inches long and .4 inches deep.

• (3) Contusion of left thumb.

3 He spent the sum of $420 for medical expenses. He claims loss of earnings for 4 weeks at $200 p.w. He was discharged from hospital on 17th February 1969.

4 The plaintiff Pelle states that she was driving in the first defendant's car on the valley Road on her way to Johnson's Point. She saw the lorry coming from south loaded, the lorry was coming not directly on its left side more in the centre of the road. The first defendant was driving on his left side, the car went into a gutter on the left side of the road he came out of the gutter and went on the right side of the road his wrong side, the truck was at that time at a standstill, the first defendant could not control the car and the car went into the truck. This plaintiff became unconscious. She was examined by Doctor Lake, she suffered the following injuries -

• (1) Large laceration on left knee requiring 7 stitches.

• (2) Laceration on right arm and right little finger.

• (3) Laceration on right eyebrow.

• (4) Fracture of 5th metacarpal bones of both hands.

• (5) Bruise and Swelling on left ankle.

• (6) Stiffness of metacarpal-phalangeal joints.

5 This plaintiff spent the sum of $69.36 for medical expenses. The claims loss of gold chain $40 and loss of earnings for 4 weeks at $30 - $35 p.w.

6 In his defence the first defendant states that on the 3rd February, 1969 he got a job to take the plaintiffs to Johnson's Point in his car. Whilst driving...