Simeon v Clausel and Norville

• Jurisdiction: St Lucia
• Court: High Court (Saint Lucia)
• Judge: Bishop, J.
• Judgment Date: 23 January 1967
• Neutral Citation: LC 1967 HC 3
• Docket Number: No. 83 of 1962
• Date: 23 January 1967

High Court

Bishop, J.

No. 83 of 1962

Simeon

and

Clausel and Norville

Appearances:

K. A. H. Foster for the plaintiff

Hunter J. Francois for defendant — Angus Clauzel

Ira D'Auvergne for defendant — Irvine Norville

Damages - Personal injury — Wound on left leg and right shin — Quantum.

Bishop, J.

1 The case against the defendant Angus Clauzel was discontinued and this judgment is concerned only with that against the defendant Irvine Norville.

2 Henry Simeon, also known as Wilfred Wilton, a shopkeeper of Garrand in the Quarter of Castries in this island, and the plaintiff in this action has alleged that on the 14th May, in the year 1961, Irvine Norville, hereinafter called the defendant, a chauffeur of Morne Dudon Road in this island drove a motor car number H 128 so negligently that it collided with motor omnibus number H 1088, and as a result he received injuries.

3 The plaintiff has alleged that the defendant drove too fast, drove on the wrong side of the road, failed to give warning of his approach or to stop, swerve, or avoid the accident.

4 The plaintiff has claimed general damages.

5 Entry of appearance was made on behalf of the defendant but thereafter no further action was taken by him or on his behalf until an application was made by counsel, at the hearing, for leave to file a defence. This application was refused because of the failure on the part of defendant to show any sufficient cause for granting it; indeed it was indicated that entry of appearance was made on 22nd November, 1962 and thereafter nothing was done until 11th January, 1967, a matter of some four years. However, counsel for the defendant was given the opportunity to cross examine the witnesses and to make any objections he regarded as proper and relevant — a privilege afforded him under the provisions of article 282 of the Code of Civil Procedure of Saint Lucia.

6 The evidence satisfied me that the defendant was the driver of the motor car number H 128 on the 14th May 1961. At the request of the plaintiff the defendant undertook to take him from Garrand to Castries for reward in the sum of $5.00. The plaintiff wanted to go to the Victoria Hospital to visit a sick patient. As the evidence subsequently revealed he reached the Victoria Hospital that day but as a patient and not a visitor. On the way to Castries the defendant drove the car on the left hand side of the road at what may be regarded as a reasonable speed or, in the words of the plaintiff, “… …. the car was going slowly … …. not so very fast … ….” The driver stopped on the way. He pulled up and parked the car on the right hand side of the road in order to urinate. He started off again and returned to the left hand side of the road where he travelled then for a distance of thirty-five to forty yards, before he drove across the road to the right hand side and there he collided with a bus travelling on its proper side...