Brittney Herman v Alvah Lafeuillee
| Jurisdiction | St Lucia |
| Judge | Ms. Agnes Actie |
| Judgment Date | 10 July 2018 |
| Neutral Citation | LC 2018 HC 28 |
| Docket Number | Claim Number: SLUHCV2015/0806 |
| Court | High Court (Saint Lucia) |
| Date | 10 July 2018 |
EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT OF JUSTICE
(CIVIL)
Ms. Agnes Actie Master
Claim Number: SLUHCV2015/0806
Mr. Huggins Nicholas of counsel or the claimant
Mr. Dexter Theodore Q.C. of counsel for the defendant
Damages - Assessment — Motor vehicle accident — Nature and extent of injuries — Pain and suffering — Loss of amenities — Whether claimant entitled to damages.
On 24 th December 2012, the claimant, 22 years of age at the time of the accident, was a passenger in a motor vehicle driven by the defendant. The said vehicle collided with another causing the claimant to suffer injuries. The matter now comes on for assessment of damages.
The defendant conceded special damages pleaded and proved comprising of the following
The court awards special damages in the sum of $11,669.72, with interest at the rate of 3% from the date of the accident until judgment and at the rate of 6% from the date of judgment until payment in full.
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1. Medical expenses — $1085.00
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2. Transportation — $695.00
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3. Hospital Bill — $4799.72
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4. Medical report — $250.00
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5. Cost of home care — $3500.00
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6. Cost of home supplies — $740.00
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7. Damage to jeans — $185.00
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8. Lost watch — $120.00
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9. Damages to shoes — $95.00
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10. Traffic Accident Report — $200.00
General damages are usually determined taking into consideration the principles set out by Wooding CJ in the seminal case of Cornilliac v St Louis 1 namely (1) the nature and extent of injuries suffered; (2) nature and gravity of the resulting physical disability; (3) pain and suffering endured; (4) loss of Amenities; (5) extent to which the claimant's pecuniary prospects have been affected.
Dr Dagbue, in a medical report dated 25 th November 2013, described the claimant as having suffered an injury to her lower right limb. She was admitted at the St Jude's Hospital with a comminuted fracture of the right femur. She was initially managed with skeletal traction with Steinman's pin, but had definitive management of open reduction and internal fixation of the right femur with plate and screws. She was discharged after 5 days with follow up out-patient clinic which she continued up to October 22nd, 2013. She complained of pain in the right thigh on walking long distances and in cold weather. The report concluded that the claimant had healed well, walks without a limp, but will most likely continue to have pain in her right thigh off and on when she walks long distances or carries heavy objects.
An award for damages for pain and suffering and loss of amenities is incapable of exact estimation and an assessment must necessarily be a matter of degree based on the facts of
each case. The court must strive for consistency by using comparative cases tailored to the specific facts of the individual case. The task of converting the one into the other to arrive at an award of general damages is necessarily artificial, and involves a value judgment...To continue reading
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