Sharon Finlayson v Owen Jacobs

• Jurisdiction: Antigua and Barbuda
• Judge: Michel, M.
• Judgment Date: 01 October 2025
• Judgment citation (vLex): [2025] ECSC J1001-1
• Docket Number: CLAIM NO. ANUHCV2024/0144
• Court: High Court (Antigua)

Between:

Sharon Finlayson

Claimant

and

Owen Jacobs

Defendant

[2025] ECSC J1001-1

CLAIM NO. ANUHCV2024/0144

(FORMERLY CLAIM NO. ANUHCV2019/0027)

THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

(CIVIL DIVISION)

Appearances:

Ms. Denise Parillon, Counsel for the Claimant

Mr. George Looby IV, Counsel for the Defendant

ORAL DECISION

Michel, M.

1 On 13 ^th October, 2017 the Claimant was a passenger in a motor vehicle which was involved in a collision (“ the Accident”) with another vehicle owned and driven by the Defendant. The Claimant sustained personal injuries as a result of the Accident and the driver of the vehicle in which she was a passenger died from injuries received in the Accident. The Claimant subsequently commenced these proceedings against the Defendant alleging that she suffered personal injuries, loss and damage as a result of the Accident, and that the Accident was caused by the negligence of the Defendant. The Claimant seeks general damages, special damages in the sum of $1,841.20, interest and costs on her claim.

2 By consent order dated 8 ^th February, 2024 the Claimant and the Defendant (“ the Parties”) consented to judgment on liability in favour of the Claimant against the Defendant with damages to be assessed by the Court. Accordingly, the issue of the Defendant's liability having been crystallised by the consent judgment, the only task remaining for the Court is to determine how much compensation is due to the Claimant based on the evidence she has adduced in support of her claim for special and general damages.

3 The Claimant filed a witness statement and written submissions for the assessment of damages. The Claimant also sought and obtained permission from the Court for Dr. Auriel Aaron and Dr. Maria Pereira, Dermatologist, to be deemed expert witnesses for the purpose of these proceedings and to file expert reports in accordance with Part 32 of the Civil Procedure Rules (Revised Edition) 2023 (“ CPR 2023”).

4 No witness statements nor written submissions were filed by the Defendant for the assessment of damages. Counsel for the Defendant made brief oral submissions to the Court. The assessment of damages therefore proceeded based on the evidence of the Claimant and the applicable law.

5 I will first consider the Claimant's claim for general damages for pain, suffering and loss of amenities.

General Damages

6 It is well settled that in assessing general damages, the court will consider: (1) the nature and extent of injuries suffered; (2) the nature and gravity of the resulting physical disability; (3) the pain and suffering endured; (4) the loss of amenities suffered; and (5) the extent to which the claimant's pecuniary prospects have been affected.1

7 I will thus consider the Claimant's claim for general damages based on the above principles.

The Nature and Extent of Injuries Suffered

8 The Claimant was born on 7 ^th September 1969. She was 48 years old at the time of the accident on 13 ^th October 2017 and is now 56 years old.

9 Following the Accident, the Claimant was admitted to the Mount St. John's Medical Centre. The injuries she sustained in the Accident are set out in the expert reports of Dr. Aaron and Dr. Pereira.

Dr. Aaron's Expert Report

10 In her expert report, Dr. Aaron stated that following the Accident, physical examination of the Claimant at the Hospital revealed a 4 cm laceration above the superior lip and a 4 cm laceration on the chin. The Claimant also had bruising on her left forearm and small abrasion in the left pretibial region. She was immobilized in a firm c-spine collar, which was removed after review of CT

images. Her neck had no swelling, no deformity, it was non-tender and had full range of motion. Dr. Aaron noted in the expert report that the Claimant was discharged from the Emergency Room following wound care and intravenous antibiotics. She stated that the Claimant was followed up in the surgical outpatient clinic department by her and Dr. S. Krishnan, Consultant General Surgeon, three days later with no new complaints or clinical deterioration

Dr. Pereira's Expert Report

11 Dr. Pereira stated in her expert report that the Claimant was seen by her on 9 ^th August, 2024 and 6 ^th May, 2025. She stated that during her consultation with the Claimant, the Claimant complained of recurrent nightmares, flashbacks of the crash event and insomnia. Dr. Pereira further stated that the Claimant has loss of sensation of the tip of her tongue. She also noted that the Claimant complained of loss of confidence and anxiety, and stated that the Claimant experienced distress when dealing with staring eyes or questions about her facial scars from passers-by.

12 Dr. Periera noted that upon physical examination, the Claimant's blood pressure was elevated and her pulse was normal. She had no fever or jaundice or enlarged lymph nodes. Her chest was clinically clear and she had a normal central nervous system.

13 Dr. Pereira stated that the physical injuries suffered by the Claimant were:-

(i) 2 cm facial scar of left cheek

(ii) 2.5 cm scar of forehead

(iii) 1 cm scar of chin

(iv) 0.5 cm scar of upper lip

(v) 0.5 cm scar of left lower lip

(vi) Scar tissue under-surface of frenulum

(vii) Soft tissue post inflammatory hyperpigmentation of abdomen skin

14 I pause to note that the expert report of Dr. Aaron and the medical report issued by the Mount St. John's Medical Centre after the Accident noted the Claimant's injuries as being a 4 cm laceration above superior lip and 4 cm laceration on chin in addition to bruising on the left forearm and small abrasion on the left pretibial region.

15 Dr. Pereira further stated that the Claimant also suffers emotional distress as a result of the grief and emotional trauma due to the accident and loss of her friend.

16 Dr. Pereira assessed the Claimant's injuries as: (a) physical injuries – facial scars and abdominal hyperpigmentation and (b) emotional distress/post-traumatic stress disorder.

17 Dr. Pereira stated that the medical treatment that she would recommend for the Claimant is wound care for the facial scars, physical pain management, and referral to a counselor or therapist for emotional support.

The Nature and Gravity of the Resulting Physical Disability

18 Based on the expert evidence of Dr. Pereira, it appears that the Claimant has suffered facial scars and hyperpigmentation of the abdomen skin.

The Pain and Suffering Endured and Loss of Amenities Suffered

19 In her witness statement, the Claimant stated that among her other physical injuries previously outlined in the expert reports, since the Accident she has experienced reduced taste and sensation at the tip of her tongue, and pain and funny feeling from the scar tissue inside her mouth. She further stated that she suffered grief and emotional trauma and post-traumatic stress disorder.

20 The Claimant stated that after all these years, her face still has many ugly scars that make her very self-conscious and ashamed. She stated that they are a constant reminder of the accident and of the consequent death of her best friend, Novelette Brooks.

The Extent to which the Claimant's Pecuniary Prospects have been Affected

21 No evidence was presented to the Court that the injuries received by the Claimant have had any effect on her pecuniary prospects.

Discussion on General Damages

22 The purpose of compensation in personal injury cases is to attempt to put the injured party back in the position he or she was in before the injuries occurred. The assessment of damages is not a precise calculation as the aim is to provide reasonable compensation for the pain and suffering endured and loss of amenities suffered. The Court must strive for consistency in its awards by using comparative cases tailored to the specific facts of the individual case.

23 Lord Hope of Craighead in Wells v Wells2 explained the approach in the following terms: “The amount of the award to be made for pain, suffering and loss of amenity cannot be precisely calculated. All that can be done is to award such sum within the broad criterion of what is reasonable and in line with similar awards in comparable cases as represents the Court's basic estimate of the [claimant's] damage”.

24 In considering the approach in arriving at an award for general damages, the guidance provided by Rawlins J in Kathleen McNally v Eric Lotte and CITCO (BVI) Ltd., 3 is instructive. Rawlins J stated that:-

“The practice is to grant a global sum for general damages for pain and suffering and loss of amenities, considering these against the background of the nature and extent of the injuries sustained and the nature and gravity of the resulting impairment and physical disability.”

25 Learned Counsel for the Claimant has suggested an award to the Claimant of $90,000.00 for pain, suffering and loss of amenities and $70,000.00 for scarring and emotional distress/post-traumatic stress disorder. The Claimant relies on the case of Mercedes Delplesche v Samuel Emmanuel De Roche4 and the Judicial Studies Board Guidelines for the Assessment of General Damages in Personal Injuries Cases 5 (“ JSB Guidelines”) in support of her proposed awards.

26 The claimant in Mercedes Delplesche was struck down by a motor vehicle driven and owned by the defendant. She was 54 years old at the time of the accident and 57 years old at the time of the assessment of damages. As a result of the accident, she sustained the following...