Lewis v Spencer

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Gordon, C.J.
• Judgment Date: 24 January 1968
• Neutral Citation: AG 1968 CA 1
• Docket Number: Civil Appeal No. 2 of 1967
• Date: 24 January 1968

Court of Appeal

Gordon, C.J., Henville, J. (Acting)

Civil Appeal No. 2 of 1967

Lewis

and

Spencer

Appearances:

Mr. C.E. Hewlett for plaintiffs-appellants

Mr. C.O.R. Phillips for defendant-respondent Keith Lewis

Mr. C.E. Francis associated with Mr. L.H. Lockhart, for defendant-respondent Melvin Spencer.

Practice and procedure - Trial — Joining two defendants in an action — Supreme Court Act, (Cap.81), s.27.

Practice and procedure - Costs — Whether appellant should pay costs.

Facts: Evidence revealed that the appellants were injured in a motor accident resulting from a collision of vehicles driven by both respondents. They brought an action against both drivers. The trial judge found that one of the driver's negligence was the sole cause of the accident, but did not award the appellants any damage.

Facts: Evidence revealed that the appellant brought an action against both respondents. The court found only one to be liable for negligent driving.

Held: Under the Act, that even though action was brought against both defendants; the appellants were entitled to damages. Appeal allowed.

Held: In an action for tort in which relief is claimed against two or more defendants in the alternative, their jurisdiction to direct that the costs payable to the successful defendant should be included in the costs is recoverable by the plaintiff from an unsuccessful defendant. Costs awarded against the respondent/defendant found liable. Appeal allowed.

Gordon, C.J.

1 This appeal has arisen out of a collision, which took place between two motor vehicles, a car and a bus, on the 15th September 1961.

2 Two actions were brought before the High Court as a result. The one No. 53 of 1962 in which Keith Lewis, the driver of car AG 2439, as plaintiff claimed against the defendant-respondent Melvin Spencer, for damages resulting from the negligent driving of his bus H 1981, by his employee Charlesworth Spencer, and in which the defendant-respondent Melvin Spencer counter-claimed against the respondent, Keith Lewis, for negligence.

3 The other case, No. 20 of 1966, was brought by the plaintiffs-appellants in which Hubert Lewis, Beatrice Lewis and Edison Lewis, the father, mother and brother respectively of Keith Lewis, claimed damages for negligence from the defendants-respondents, Melvin Spencer and Keith Lewis, the owners of the two vehicles which were involved in the accident.

4 Beatrice Lewis and Edison Lewis were both passengers in car AG 2439, and they suffered injuries, which necessitated their hospitalisation. Apart from a cut on her forehead and a scalp wound which resulted in her two dentures being broken, Beatrice also suffered a fracture of the lower end of the right knee joint which had to have surgical treatment and which kept her in hospital for five and a half months, from the 15th September 1961 to the 28th February 1962. She experienced considerable pain and suffering, and has been left with a permanent incapacity in that one leg is now slightly shorter than the other, and she can only move about with the assistance of a stick.

5 Edison, the boy, who was asleep in the car at the time of the accident, suffered some concussion and had to be hospitalised as a result for fifteen days.

6 Hubert Lewis, the father, who was not a passenger in the car, claimed damages for the loss of consortium of his wife Beatrice, basing his claim on the negligent driving of one or other or both drivers.

7 By an order for consolidation, both these actions were heard as one by Mr. Justice Cecil Lewis. The trial began on the 19th October 1966, and was continued on the 19th and 20th April 1967. Judgment was delivered on the 22nd April in the following terms: –

“The claim of the plaintiff Keith Lewis in Suit No. 53 of 1962 be dismissed, and that there be judgment for the defendant, Melvin Spencer, on his counterclaim, in the sum of $90.00.

It was further adjudged –

• 1. that the claims of the plaintiffs Beatrice Lewis and Edison Lewis in suit No. 20 of 1966 be dismissed.

• 2. that the plaintiff Hubert Lewis recover from the defendant Keith Lewis $404.40. Special damages and $200 General damages, and costs to be taxed.

• 3. that the defendant, Melvin Spencer, recover against Keith Lewis, Beatrice Lewis, Edison Lewis and Hubert Lewis, his costs, to be taxed.

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