Doxilly v Davidson
| Jurisdiction | St Lucia |
| Judge | Bishop, J. |
| Judgment Date | 25 January 1968 |
| Neutral Citation | LC 1968 HC 3 |
| Docket Number | No. 53 of 1967 |
| Court | High Court (Saint Lucia) |
| Date | 25 January 1968 |
West Indies Associated States Supreme Court. (High Court)
Bishop, J.
No. 53 of 1967
E.H. Giraudy for the plaintiff.
D.A. McNamara for the defendant.
Damages - Personal injury — The plaintiff injured his left shoulder when he fell from a lorry driven by the second defendant. The lorry was owned by the first defendant who was the second defendant's employer. The plaintiff subsequently retired on medical grounds.
Held: The second defendant had been negligent and damages for the plaintiff was assessed at $300.00 special damages and $2,000.00 general damages.
Phillip Doxilly of Resina in the Quarter of Castries hereinafter called the plaintiff has claimed damages from John Davidson of Mourne Road, Castries hereinafter called the defendant, for the negligent driving of a motorcar number 108 on the 6 th January 1967, along Jeremie Street in the Town of Castries in the Island.
The defendant has admitted that he drove the car in a negligent manner so that it collided with the plaintiff's truck H1782 which was parked on Jeremie Street, and he does not deny his liability for damages.
In the declaration filed on the 27 th April 1967, the plaintiff claimed:
“1. Special damages $15 per day until settlement.
2. General damages.
3. Total loss $3,500.
4. Costs hereof.”
Counsel for both parties have agreed that there is only one issue upon which they seek the decision of this court, and that is the extent of damages which should be awarded. It is with this in view that the evidence was led.
During the hearing counsel for the plaintiff stated that the plaintiff was not pursuing item three as claimed, on the ground that the evidence could not justify his doing so. He applied for item 3 above, namely, a total loss of $ 3,5000 to be deleted from the declaration and his application was granted.
From the evidence led, it has been established that the truck was damaged as a result of a blow it received when the car struck it. Indeed, the defendant has admitted, “(a) that the chassis of motor bus 1782 was bent in the accident … (b) that the back light of the said bus was broken…” It has also been proven by evidence that the truck could be repaired so as to maize it roadworthy.
I am satisfied that the truck was taken to Freddy's Garage on or about 6 th January 1967 to be repaired and that work was done on the truck.
Towards the end of January 1967 the plaintiff refused to take delivery of the truck from the garage proprietor unless the later gave a guarantee of the workmanship. This was not done; the plaintiff would not take delivery of the truck and eventually duo to lack of space at the garage, during the first week of February
1967, the proprietor parked the truck in a parking area nearby, where it had remained up to the date of hearing. The ignition keys have remained in the possession of the proprietor.
The truck was examined by mechanics and the court has had the benefit of their export knowledge, as evidence for consideration.
Frederick Joseph, a garage proprietor has been a repairer of motor vehicles for about twenty-five years. He was the first expert to examine the truck after it was damaged. He examined it around the 6 th of January 1967 at his garage. In his testimony as to its...
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