Reid v Lucombe

• Jurisdiction: St Lucia
• Court: High Court (Saint Lucia)
• Judge: Bishop, J.
• Judgment Date: 08 November 1967
• Neutral Citation: LC 1968 HC 29
• Docket Number: No. 158 of 1967
• Date: 08 November 1967

Supreme Court

Bishop, J.

No. 158 of 1967

Reid

and

Lucombe

Appearances:

E. H. Giraudy for the plaintiff

Defendant in person

Damages - Negligence — Plaintiff claimed damages from defendant for negligent driving — Court held that the plaintiff had not proved the particulars of negligence — Doctrine of res ipsa loquitar applied — damages of $250.00 awarded.

Bishop, J.

1 Cecil Reid, a builder of Castries has filed a declaration in which he has claimed special damages of three hundred and ninety-three dollars and sixty cents, and general damages, from Garnet Lucombe, Clerk, of Castries, for negligent driving of a motorcar H. 140.

2 In the declaration of the plaintiff specifically pleads res ipsa loquitur.

3 The plaintiff has also alleged in the declaration particulars of negligence as follows:

• a. “drove at excessive speed;

• b. failed to keep a proper look out;

• c. failed to apply his brake in time or at all to avoid the collision”.

4 Particulars of special damages, which were itemised in the declaration, were amended with leave of the Court today to correct the figure $150.30 to $150.50 and to include another item namely “to pay headlamp parts $15.00. Further amendment to the claim to delete the words “the sum of $250” was also granted.

5 The defendant neither entered appearance nor sought leave to do so, and on the 24 ^th July 1968 the Registrar's certificate of the fact that the defendant did not appear and that default had been entered against him, was filed.

6 Inscription for proof and hearing was filed on behalf of the plaintiff on the same, day, i.e. 24 ^th July In support of...