Robert v Gomes

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Louisy J.
• Judgment Date: 15 September 1969
• Neutral Citation: AG 1969 CA 8
• Docket Number: No. 89 of 1967
• Date: 15 September 1969

High Court

Louisy, J.

No. 89 of 1967

Robert

and

Gomes

Tort - Damages — Fatal accident

Facts: Evidence revealed that the plaintiff's negligent driving of the vehicle caused the death of the deceased. His mother, his infant and his younger brother and sister were solely dependant on his income for their up keep

Held: The only people who could benefit from the deceased' death was his mother and his infant. Court assessed damages for the mother at $60 per month from the deceased. The total damages assessed by the court to be $5,920, $3,520 of which went to the mother and $2,400 to the infant.

1 Louisy J. This is an action for damages brought under the Fatal Accidents Act Cap. 29. The Statement of Claim reads as follows:–

The Plaintiff is the mother of Murphy Warren (hereinafter called the deceased) and brings this action for damages under the Fatal Accidents Act for herself and the other dependents of the said Murphy Warren deceased. 2. No probate or letters of Administration have yet been granted in respect of the estate of the said deceased. 3. On the 23rd October 1966 at about 8.00 p.m. the deceased was standing on the south side of the Old Parham Road holding his bicycle and speaking to one Codrington Henry when the defendant's servant or agent so negligently drove his motor bus H.3718 frog West to East along the said road that he caused or permitted the same violently to collide with the plaintiff and knock him down to the ground as a result of which the deceased suffered severe injuries from which he died almost instantly.

PARTICULARS OF NEGLIGENCE

• 1 (a)Driving at a speed which was excessive in the, circumstances.

• (b)Failing to stop, to slow down, to swerve or in any other way so to manage or control the said vehicle or to avoid the said collision.

• 4. The plaintiff will further rely on the maximum resipsa,, loquitur.

• 5. At the time of his death the deceased was 22 years old. The plaintiff is 44 years old and the brothers and sisters of the deceased Minelval Ulysses Mignette John are 13, ll, 9 and 4 years of age respectively, and they were all of them wholly dependent upon the deceased for support and by his death they have lost the said means of support and have thereby suffered loss and damage.

PARTICULARS OF NEGLIGENCE

PARTICULARS

2 The plaintiff was in receipt of a house-keeping allowance from the deceased of between $25 to $36.00 per week for himself and her and $10.00 per week for the four children.

3 6.Further by reason of the matters aforesaid, the 1fe of the deceased was considerably shortened and the property of the deceased was damaged by reason whereof his said estate has suffered loss and damage.

PARTICULARS

Funeral Expenses $160.00 Doctor's Fee 5.00 Burial Clothing 13.00 Car Hires 30.00 Bicycle 80.00

4 To this Statement of Claim a defence was delivered as follows:–

• l. The defendant denies each and every allegation of negligence contained in the Statement of Claim.

• 2. On the 23rd day of October, 1966, the defendant's bus No. 3718 was being driven lawfully by the defendant's servant or agent Raphael Isaac when the said bus skidded on the highway during heavy rains. The presence of the mud on the highway created a danger which was not apparent to the driver of the said bus.

• 3. The defendant denies any liability in law to the brothers and sisters of the deceased.

• 4. Save as may be expressly admitted the defendant denies each and every allegation of fact or...