Ralph v Williams et Al

• Jurisdiction: Antigua and Barbuda
• Court: High Court (Antigua)
• Judge: Bishop, J.
• Judgment Date: 20 June 1978
• Neutral Citation: AG 1978 HC 17
• Docket Number: 27 of 1977
• Date: 20 June 1978

High Court

Bishop, J.

27 of 1977

Ralph

and

Williams et al

Damages - Vehicular collision — Damages done to plaintiffs vehicle — Quantum.

1 1978-06-20

Bishop, J.

2 About 11:30 a.m. on the 20 ^th June 1976 Raphael Ralph, a labourer of Liberta Village, was driving his motor car — a Ford Cortina — along the Liberta Highway, when he was involved in a collision with a six-ton motor truck owned by William Southwell and driven by his servant David Williams.

3 Raphael Ralph has claimed $1,500,000 damages for the resulting damage to his car, alleging that it was due to the negligence of David Williams.

4 This is not a Court of pleadings and no particulars of the negligence were set out in the claim. Nor did learned counsel seek to ascertain such particulars before the hearing commenced. Particulars of the damage were set out in the claim which was defended by both David Williams and William Southwell. At my request learned counsel for the defendants stated the defence to be “there was no negligence by the defendants.”

5 I heard explanations of the collision from each of the drivers of the vehicles, and an explanation from a bystander. In addition, an expert witness who was called to testify about the damage to the car, was asked to give his opinion on whether that damage was consistent within the explanation from the plaintiff or that from David Williams.

6 Raphael Ralph said that he was driving on the left hand side of the road from east to west, and when he reached the brow of a hill, he saw ahead of him a truck travelling in the same direction. The truck then stopped, and the driver began to reverse. According to Ralph, he brought the car to a halt and he blew the horn, but the truck continued; and after being reversed for about fifty to sixty feet at a speed of 20 to 25 m.p.h., it crashed into his motor car. The left rear part of the truck struck the right front part of the car, causing damage to the bumper, the grills, the fender with park ad head lamps, the shock absorber, the wheel rim tyre and inner tube. The plaintiff said that the vehicles had to be lifted apart and the truck was driven forward in order to separate them.

7 David Williams said that he was driving the truck on the left hand side of the road when Joel Lewis, who was standing at the door of Walter Warner's joint hailed out to him. He stopped, and as soon as he stopped he heard a noise at the back of the truck. He got out of the truck, went to the back where he saw the plaintiff's car at an angle and touching the truck. He explained that the angle was such that the front of the car was facing the gutter on its left, and that the right front of the car which was touching the left rear of the truck, was damaged.

8 Joel Lewis also gave an explanation which, in my view, does not render him a...