John v Marks et Al

• Jurisdiction: St Vincent and the Grenadines
• Judge: Bruce-Lyle, J.
• Judgment Date: 25 March 2002
• Neutral Citation: VC 2002 HC 14
• Date: 25 March 2002
• Court: High Court (Saint Vincent)
• Docket Number: Civil Suit No. 14 of 2000

High Court

Bruce-Lyle, J.

Civil Suit No. 14 of 2000

John

and

Marks et al

Appearances:

Mr. Richard Williams for the claimant.

Mr. Ronald Birch-Smith and Mr. Graham Boners for the defendants

Negligence - Liability — Running down action — Claim dismissed.

Bruce-Lyle, J.

1 This was a running down action in which the defendant has counterclaimed against the claimant. Both counsel at the outset agreed that the issue of quantum, if any, should be brought up at a later stage for assessment of damages in Chambers. The only issue before the court was that of liability.

2 The facts as I found them are as follows. On the 13th day of July, 1999 the plaintiffs servant or agent Roger John was driving along the Fountain highway travelling in the direction of Kingstown when he was involved in a collision with Motor Vehicle P 9156 owned by the first-named defendant Pearline Marks and driven by the second-named defendant Karl Marks. The claimants' witness Roger John stated that he lived at Belair and is a minivan driver. On 13th July 1999 he worked for the claimant Carlos John, by driving his minivan H 6300. He was proceeding to the mechanic to get a seat for the van fixed. He was driving from the direction of Belair and proceeding in the direction of Kingstown. On reaching in the vicinity of Carlos Maloney's business place near the gas station on the Fountain stretch of the Vigie Highway where his mechanic had his place of business, he looked behind him using the rear view mirror, and then he started to move over to the right side of the road to access the mechanic's shop. He further stated that he used the right exterior mirror and the rear interior mirror, before deciding to move across from the left side of the road to the right side of the road, and that when he looked in those two mirrors he did not notice any vehicle behind him. He looked ahead of him and there was nothing approaching him on the stretch. He then indicated to move to the right.

3 As he was about to come to a standstill in front of the mechanic's yard, he heard a screeching of tyres coming from behind him, and before he could ascertain what was making the screeching noise he felt an impact which lunged the vehicle he was driving forward onto a bank and then onto its side.

4 I further found that the accident occurred at around midday and he was struck by a green vehicle which was also travelling towards town and driven by the second named defendant Karl Marks.

5 The defendant Karl Marks who was the only witness for the defendants' case was driving on 13th July 1999 from La Croix to Amos Vale at about 11:30 a.m. While on the Fountain stretch on the Vigie Highway in the vicinity of the Shell Gas Station he noticed a passenger van travelling in the same direction down the stretch, and in front of him, and that there were no other vehicles traveling either in front of him or behind him. The van was travelling slowly in front of him going down the road, as if to come to a stop. The defendant started to overtake the van, which was at the same time beginning to move to the right side of the road. There was a collision on the right hand side of the road. The collision occurred with the rear of the van. I also found as a fact that the road in the area where the collision occurred is a clear, straight stretch of about 600 ft to 800 ft. Both the claimant's vehicle and defendant's vehicle were extensively damaged.

6 This accident was investigated by the police and measurements were taken which resulted in the prosecution of the defendant in the Magistrates Court for an offence which this Court was not told of. But what the witness for the claimant told this Court in consequence, was the brake marks of 60 ft left by the defendants' vehicle. The witness for the claimant said he was doing about 5 mph to 10 mph. The defendant Karl Marks himself stated in his evidence to the court that he was under the impression that the claimant's vehicle was slowing or stopping to pick up passengers. The claimant's witness has stated that when he...