Christopher Flermius Claimant v (1) Andre Solomon (2) Fimber Louis Defendants [ECSC]

• Jurisdiction: St Lucia
• Judge: Shanks J
• Judgment Date: 03 June 2003
• Judgment citation (vLex): [2003] ECSC J0603-2
• Date: 03 June 2003
• Court: High Court (Saint Lucia)
• Docket Number: SUIT NO: 1041 of 2002

[2003] ECSC J0603-2

THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

SUIT NO: 1041 of 2002

Between:

Christopher Flermius

Claimant

and

(1) Andre Solomon

(2) Fimber Louis

Defendants

Shanks J

1 This is an assessment of damages following a motorcycle accident on 26^th October 2001. The parties helpfully agreed special damages in the sum of $24,147 which has already been paid. This assessment relates to general damages for pain suffering and loss of amenity and future financial loss.

Facts

2 Mr Flermius is now 31 and was 29 at the time of the accident. In the accident he suffered a compound comminuted fracture of his right tibia and fibula. The first report of Mr St Rose (dated 26 October 2001 but it must have been made later) records that there was bone loss and the existing fragments were reduced and fixed with external fixators which were left in place for two months following which a knee plaster caste was applied. At the time of the report Mr St Rose anticipated bony union about nine months after the accident and stated that bone infection was a real possibility in the future. He assessed the disability at 60% for a period of nine months during which there would be pain and discomfort and an inability to work and in the long term some leg shortening and extensive scarring with a permanent disability of 30%.

3 In his second report dated 10^th March 2003 Mr St Rose states that the tibia has not re-united and that there has indeed been infection and that Mr Flermius will need a bone grafting operation which will cost $5,000. Following the surgery there will be a further nine months of inability to work. Two inch shortening to his right leg will be permanent and will produce an obvious limp. The report states that a successful outcome of the bone grafting operation will allow him to continue his trade as a carpenter.

4 I sought further clarification from Mr. St. Rose as to the chances of a successful outcome of the bone grafting operation which he supplied in a hand-written report on 2^nd June 2003. It seems Mr. St. Rose is optimistic that the operation will have a successful outcome and that bone union will result and full weight bearing will be a real possibility allowing Mr. Flermius to perform "full actions as a carpenter". He also states that the procedure can be done in the very near future.

5 Mr Flermius came to court. He was using crutches and I understand that he normally uses a wheel chair to get around. He showed me the lower part of his right leg. To my untrained eye it looked in bad shape.

6 Mr Flermius's trade, as stated, is carpentry. Before his accident he worked free lance for Peter's Construction. The proprietor of that business, Peter Mercier has written in a letter dated...