Ermine Charles (Administratrix of the Estate of Glenford Caudray Charles deceased) Claimant v Esau Herbert Eworth Stevens Defendants [ECSC]
| Jurisdiction | St Vincent and the Grenadines |
| Judge | Blenman J. |
| Judgment Date | 28 June 2004 |
| Judgment citation (vLex) | [2004] ECSC J0628-3 |
| Date | 28 June 2004 |
| Court | High Court (Saint Vincent) |
| Docket Number | CIVIL SUIT NO. 171 of 2003 |
IN THE HIGH COURT OF JUSTICE
CIVIL SUIT NO. 171 of 2003
This is a running down action. The parties agreed that the trial would proceed on the question of liability.
On the 26th September 2001, during the afternoon, Mr. Glenford Caudray Charles (Glenford Charles) who resided at Spring Village in the State of St. Vincent and the Grenadines was walking along the Spring Village road when he was hit by a Toyota Haice passenger van (motor vehicle) Registration Number H4628 owned by Mr. Esau Herbert and driven by his servant or agent Mr. Eworth Stephens. Mr. Glenford Charles suffered severe injuries and died as a consequence.
His mother, Mrs. Ermine Charles, who is the administratrix of her deceased son's estate, filed these proceedings claiming damages against Mr. Esau Herbert (Mr. Herbert) and Mr. Eworth Stevens on the ground that the accident was caused by the sole negligence of Mr. Stevens who drove too fast, failed to properly look out for Mr. Glenford Charles or to observe Coulls's his presence. She claims both general and special damages on behalf of her deceased son and his estate, together with costs.
The main thrust of Mr. Herbert's and Mr. Stevens' defence is that the collision was caused when the braking system of motor vehicle H4628 suddenly and without any warning failed. They contend that the braking system had a latent defect in the brake pads which was not detected even though the pads had been replaced about one week before the collision. The failure of the braking system rendered the vehicle unmanageable by Mr. Stevens despite the fact that he exercised reasonable care and control.
The sole issue for my determination is whether or not the accident was caused due to the negligence of Mr. Herbert and Mr. Stevens.
Mrs. Ermine Charles and her son Mr. Clyde Charles both of whom live at Spring Village in Saint Vincent and the Grenadines testified in support of the claim.
Mrs. Charles stated that she was the mother of Mr. Glenford Charles deceased. She testified that on the 26th September, 2001 he was hit by a motor vehicle number H4628 owned by Mr. Herbert and driven by his servant or agent Mr. Stephens. She tendered a death certificate in evidence which showed that Mr. Glenford Charles died as a consequence of the injuries sustained. At the time of his death Mr. Glenford Charles was 33 years old.
Mr. Clyde Charles the brother of Mr. Glenford Charles, said that on the 26th September 2001 he was sitting on the sidewall of the road at the junction above the Police Station at Spring Village. He was speaking to a friend who was also sitting on the same side wall when he saw the motor vehicle No. H4628 drove pass him and dropped off a passenger who lives in his area, it then proceeded up the hill and into Top Village. While the motor vehicle No. H4628 was on its way back he observed that a van was speeding and heard a sound which indicated that it was trying to change gears. At that time a car was parked on the road, he observed the motor vehicle 'swagger' in the road as if the driver had lost control, then it appeared that he had regained control of motor vehicle. The motor vehicle was proceeding at great speed and was now coming into his direction. The driver went off his hand unto the opposite side of the road to go into Kingstown, the motor vehicle tilted suddenly to the right, while going around the corner in a manner which is consistent with it being on its left wheel. Having cleared the corner, the back wheel of the motor vehicle hit the top of the drain, by the time it was opposite the wall where he was sitting and the back tyre 'blow out'.
Meanwhile, his brother Glenford Charles was walking on the left side of the same road on the sidewalk heading towards himself and his friend. When the tyre "blow out" the vehicle hit his brother and pushed him through the fence along the sidewalk and pinned him onto the agriculture house.
After the collision, he and his friends ran over to the motor vehicle and attempted to remove it from on top of his brother Mr. Glenford Charles, the latter whose legs appeared to have been cut off and who also appeared to be dead.
He stated that he knew Mr. Steven very well and infact Mr. Stevens had used his vehicle to obtain his license to drive for hire he said. During cross examination, he maintained his story and stated that he is a driver with ten years experience and that when he saw the vehicle "swagger" he was about 200 feet away from it and his deceased brother wasapproaching the Police Station at that time. He was sure that a driver could not have seen his deceased brother from the distance of 200 feet. He maintained that based on the movement of the motor vehicle which he observed he was sure that its driver was not trying to stop it when the wheel hit the drain. However, the driver of the motor vehicle ought to have been able to see his brother before the vehicle turned the corner since the view is clear for about 5 to 10 feet away from the corner. Based on the motor vehicle's movement, he would not agree that the motor vehicle brakes failed since the vehicle was traveling at a tremendous speed immediately before the collision.
Mr. Esau Herbert, Mr. Stevens and presently Mr. Johnson testified in defence of the claim. Mr. Herbert lives at Coulls Hill in North Leeward District of Saint Vincent and the Grenadines and is the owner of Toyota Haice motor vehicle H 4628.
The Toyota Haice passenger van is about 5 years old. He purchased it as a used vehicle and caused it to be serviced regularly form the time of its purchase. He admits that he employed Mr. Stevens to drive the vehicle and before that he employed Mr. Presley Johnson who is a mechanic to drive the motor vehicle. Mr. Johnson serviced the vehicle before Mr. Johnson. He was adamant that the motor...
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