Heiss v Roberts

• Jurisdiction: Antigua and Barbuda
• Court: High Court (Antigua)
• Judge: Lousy J.
• Judgment Date: 18 June 1970
• Neutral Citation: AG 1970 HC 6
• Docket Number: No. 27 of 1967
• Date: 18 June 1970

High Court of Justice

Louisy, J.

No. 27 of 1967

Heiss

and

Roberts

Negligence - Negligent driving — Damages. Facts: Evidence revealed that the defendants negligent driving caused serious injury to the plaintiff. Held: The plaintiff was entitled to damages based on the following considerations: pain suffered for 3 ¹/₂ weeks, the fact that the plaintiff was incapacitated for 10 months, continued to experience pain and medical expenses incurred.

Lousy J.

1 In this action the plaintiff claims damages for the negligent driving by the defendant's servant or agent on the 3rd January, 1967.

2 The plaintiff's case is that she was being driven to Coolidge Airport in motor car A.G. 374 in an easterly direction on the Old Parham Road by one Dan Darrow, she was sitting in the back sear. At a point in the road she saw a car heading towards her car about 50 yards away, swinging from side to side. The driver of her car pulled to the far left of the road and came to a standstill, the approaching car kept coming swinging from left to right, the car then hit the car in which the plaintiff was on the right hand side causing it to turn over in a field on the left side of the road. The plaintiff after the collision found herself sitting on the floor of the car with her legs through the back window. The driver of the of the other car was a man called Henry, the plaintiff states that she saw the driver when the car crashed into their car. The car appeared to have been completely out of control and driven about 40 m.p.h. or more. After the accident to plaintiff was taken to Doctor Wynter and afterwards to the Holberton Hospital where she spent one night. She later was taken to St. Louis Missouri,...